The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

A. The Defendant, at the time of committing the instant crime, was found to have suffered from mental illness, thereby distinguishing things or lacking the ability to make a decision, but the lower court erred by excessive determination.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court, it is determined that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime.

Therefore, the defendant's argument of mental disability is justified.

① The Defendant received treatment from AR Hospital as a repeated thief from November 20, 2017, and the AR Hospital respondeded to the effect that the Defendant’s thief was identified as a mental and symptoms in a trial, that the Defendant’s thief was in a state of a thief, and that the Defendant was not capable of self-regulationing the thief.

(In addition, the Defendant committed the instant crime since the discharge on December 20, 2019, and began to receive re-patient treatment from March 12, 2020. < Amended by Act No. 10514, Mar. 12, 2020>

(2) On June 15, 2016, the Defendant received psychological evaluation at the time of the third year of a middle school. The above evaluation report states that his self-help ability is 6 years of age, communication ability is 6 years of age, 6 years of age, 5 years of socialization ability, and 4 years of self-management ability, and the Defendant was assessed as a level of intellectual disability in the middle school level.

(3. The defendant's appeal claiming mental and physical disability is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, since the defendant's appeal claiming mental and physical disability is justified.