A defendant shall be punished by imprisonment for two years.

A. The Defendant, who had a disability of class 2 with intellectual disability, had shown that before committing each of the instant crimes, the Defendant had been subject to the medical care and custody prior to the occurrence, intelligence degradation, shocking the impulse ability, and lowering the judgment ability.

The Defendant, even at the time of each of the instant crimes, did not have the ability to discern things or make decisions due to the symptoms as above, but the lower court erred by exceeding them.

B. The sentence of the lower court (two years and six months) is too unreasonable in view of the following: (a) comprehensively taking account of the fact that the criminal defendant committed a crime both recognized and reflected; and (b) the criminal defendant has been growing up in a difficult family environment.

2. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mental and physical weakness and the evidence duly examined and adopted by the first instance court and the first instance court, namely, the Defendant had the record of being detained in the treatment and custody center after being sentenced to the treatment and custody by the Gwangju High Court ( Jeju High Court) 201No. 19, Apr. 6, 2011 for criminal facts similar to the instant crime, and with regard to the request for mental appraisal by the said court, the doctor AG of the GG of the GG of the GG of the GGG of the GGG appears to have an impediment to the overall recognition function due to intellectual disorder and the ability to distinguish things or make decisions due to the above symptoms even at the time of the crime.

“The Defendant appears to have weak ability to discern things or make decisions at the time of each of the instant crimes, taking into account the following circumstances: (a) the presentation of the opinion of appraisal; and (b) the process and consequence of the instant crimes; (c) the Defendant’s act before and after the instant crimes; and (d) the circumstances after the instant crimes.

Therefore, the defendant's mental and physical weak argument is justified.

3. In conclusion, the defendant's appeal claiming mental and physical weakness is with merit, and thus, the judgment on the unfair argument of sentencing is omitted.