A defendant shall be punished by imprisonment for not less than two years and six months.

A. At the time of committing the crime, the Defendant was in a state of weak ability to discern things or make decisions due to mental retardation.

B. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

2. As to the Defendant’s claim of mental disability, according to the records, the Defendant experienced difficulties in school life due to mental retardation from the time of elementary school; the Defendant’s psychological examination conducted on May 8, 2008, which was around the time of the Defendant’s draft physical examination; and as a result, the Defendant’s intelligence was evaluated as having social relations with the level of minor mental retardation (total intelligence 55), social age 16, and the boundary line of diving intelligence (I Q Q 70-79) and difficult to adapt to group life; the Military Manpower Administration notified the Defendant of the result of a physical examination for illness on May 19, 2008 on the ground of intelligence and mental retardation; the Defendant notified the Defendant of the result of the physical examination for illness; the Defendant, from April 11, 2008 to February 24, 2012, based on the following factors: (a) the Defendant’s mental disorder at the time of committing the crime, etc., and there was no reason to view that each of the aforementioned crimes was accompanied by a mental disorder or apprehension after the mental disorder.

Therefore, the defendant's above assertion is justified.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts and the summary of evidence recognized by the court.