The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not have the ability to discern things or make decisions due to mental or physical disorder at the time of each crime of this case.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. According to the reasoning of the judgment of mistake of facts and misapprehension of legal principles, according to the sentencing investigation of this court, the defendant is found to have experienced symptoms such as fall of the overall recognition function as a disabled person of Grade 1 (a person with intelligence and social well-being index of less than 34 and who needs another person's protection for one's life because it is substantially difficult to adapt to daily life and social life) due to his or her intellectual disability, and thereby, his or her judgment ability, real verification ability, disability, interest, impulse, behavior adjustment disorder, etc., and it is difficult to lead a daily life without the care of his or her guardian because he or she falls under intelligence of 5 to 6 years of age.

In full view of the facts acknowledged as above, the lower court and the evidence duly adopted and examined by the court below, the circumstances leading up to each of the crimes of this case, the means and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, etc., it is reasonable to deem that the Defendant had the ability to discern things or make decisions due to the mental disorder as above at the time of the crime

However, in light of the circumstances before and after each of the instant crimes and the fact that the Defendant made a statement to some extent, etc., it seems that the Defendant did not reach the situation where, at the time of each of the instant crimes, the Defendant did not have the ability to discern things or make decisions beyond the said state of mental and physical disability.

Therefore, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is justified within the scope of pointing out the state of mental disorder.

3. Accordingly, the defendant's appeal is reasonable and unreasonable.