A defendant shall be punished by imprisonment for not more than ten months.

A. The Defendant had a physical and mental weak condition at the time of committing the instant crime with a disability of class 2 with intellectual disability.

B. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the court below's duly adopted and examined evidence, namely, ① the defendant was judged as a disabled person of Grade 2 with intellectual disability as a doctor's opinion that his guardian's nursing and observation is required during the day-to-day period in 1999; ② the defendant was conducted on March 21, 2013, the social age of the defendant is 6.15 years, and the defendant was found to fall under the "mort" level in the objective recognition function of the defendant (total intelligence 45, language intelligence 40, 45), ③ the defendant's behavior after the crime of this case (the defendant was called as a theft cell phone number, and the defendant was called as a phone number that was affected by a public telephone, using the contents and attitude of the investigative agency and the defendant's statement in this court, etc., and the defendant's mental ability or ability to communicate with the defendant is considerably lacking in understanding and judgment about his situation, and the defendant's mental ability and ability to communicate with the defendant at the time of the crime of this case.

The decision is judged.

The defendant's mental and physical weak argument is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows, without examining the error of sentencing.

[Judgment] The summary of facts constituting an offense and evidence recognized by this court is among facts constituting an offense.