A. At the time of each of the instant crimes, the Defendant, who was mentally and physically weak, failed to have the ability to discern things or make decisions due to class 2 intellectual disorder.

Nevertheless, the court below erred by failing to reduce mental and physical weakness.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is excessively unreasonable.

2. Determination

A. According to the records of this case, the Defendant, who was diagnosed with class 2 of intellectual disability, was subject to reduction of mental and physical weakness on the ground that he was unable to discern things or make decisions due to such intellectual disability at the time when he was tried for a crime related to larceny in the past.

However, comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the Defendant had the ability to discern things or make decisions due to class 2 intellectual disability at the time of committing each of the instant crimes.

It does not appear.

Therefore, the court below's failure to reduce mental and physical penalty is just, and there is an error of law as pointed out by the defendant.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

1) The Defendant made a very detailed statement at an investigative agency on the circumstances at the time of the commission of each of the instant crimes, such as the background, means, and methods thereof, and the contents and methods of consumption of damaged items, as follows. Such statement by the Defendant is consistent with CCTV images (the investigation record 11 through 14, 28 through 30 pages) taken on the face of the commission of the crime and on-site pictures.

A) As to the criminal facts No. 1 of the lower judgment’s holding, “I tried to find out a job late at the house after release,” and “I tried to find a job late at the house after release.”

O A bicycle has been found and driven without being equipped with a correction device while going to a nearby alley, and has been installed.

After that, the article is stolen, continuing to be loaded.

The purport of “..........”