The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. A. The Defendant committed the instant crime under the state that the mental retardation disorder lacks the ability to discern things or make decisions.

Nevertheless, the lower court did not consider this, and thus, did not err by misapprehending the legal principles as to this point, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. According to each statement of a disability diagnosis and diagnosis prepared by the doctor I of the Japanese Masan Hospital Hospital in judgment on the claim of mental disability, and a mental appraisal written by the doctor L of the Medical Treatment and Custody Center in accordance with the request of this court, the defendant can be recognized as having a weak state of ability to discern things or make decisions due to behavioral disorder caused by mental retardation disorder at the time of committing the instant crime. Thus, the defendant's argument of mental disability is with merit.

3. As the defendant's appeal is reasonable, 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 the following decision is rendered through pleading.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence acknowledged by the court below are as stated in each corresponding column of the court below, except for adding "a disability diagnosis and diagnosis document prepared by the doctor I of the Japanese Masan Hospital Hospital Hospital, and a mental diagnosis document prepared by the doctor L of the Medical Treatment and Custody Center" to "the defendant," the first element of the facts constituting the crime of the court below, under Article 369 of the Criminal Procedure Act, refers to "the state in which the defendant lacks the ability to discern things or make decisions due to mental disorder."

Application of Statutes

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 10(2) and (1) and 55(1) of the Criminal Act for statutory mitigation;