The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not steals KRW 570,000 from the victim’s cash among the facts constituting the crime under paragraph (b) of the original judgment.

B. At the time of committing the instant crime, the Defendant was in a state of mental health and physical disability as a mental patient.

C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the fact that the Defendant stolen KRW 570,000 of cash of the victim as stated in the facts constituting the crime set forth in paragraph (b) at the time of original adjudication

The defendant's above assertion is without merit.

B. In full view of the evidence duly admitted and examined by the lower court and the trial court as to the claim of mental disability, it is reasonable to deem that the Defendant was in a state of lacking the ability to discern things or make decisions due to the de facto illness, depression, decrease in recognition function, etc. at the time of the instant crime.

Therefore, the defendant's above assertion is justified.

3. Since the defendant's argument about the conclusion of the judgment of the court below is well-grounded, it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court, 【The defendant is a person who was sentenced by the Seoul Central District Court on February 13, 2020 to imprisonment with prison labor for fraud, etc. on February 21, 2020, and the judgment became final and conclusive on February 21, 2020. The defendant has intellectual obstacles to showing symptoms, such as current illness, depression, and fall in recognition function, and the following crimes have been committed under the conditions that the defendant lacks the ability to discern things or make decisions due to the above mental or physical disorder,” and inquire of the summary of evidence, “the summary of evidence,” criminal record, etc. of the defendant, and a mental appraisal.