The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of weak ability to discern things or make decisions due to a person with a disability of grade 2 with a brain-disease or physical disability.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. According to the records of the determination of the claim of mental disability, the defendant was registered with the competent authority as a disabled person of class 2 of brain-explosion disorder in around 1985 after being hospitalized and treated in a traffic accident. In full view of the motive, method and method of the crime of this case, the defendant's speech and expression, etc. before and after the occurrence of the crime of this case, the result of the examination and evaluation conducted by the I Hospital on August 5, 2013, which was before the month when the crime of this case was committed, and the defendant was conducted the examination and evaluation conducted by the I Hospital on August 5, 2013.

Therefore, the defendant's above assertion is justified.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows: "The defendant lacks the ability to discern things or make decisions in the first head of the facts charged by the court below."