The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A person who applies for a medical care and custody shall be punished.

1. Summary of grounds for appeal;

A. Although there was a misunderstanding of the facts and legal principles, there was a fact that the Defendant acquired a mobile phone such as embezzlement of the deserted articles in possession as indicated in the judgment below, the Defendant did not have any intent to commit the crime of embezzlement of the departed articles in possession at the time of the lower judgment.

However, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles or misapprehending the legal principles.

B. The Defendant, who has not been physically and mentally weak, committed each of the crimes in the holding of the lower judgment, under the lack of the ability to discern things or make decisions due to the lack of the ability to discern things.

(c)

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. A. On May 10, 2018, a prosecutor made an ex officio judgment: (a) found in the facts charged regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Defendant’s case on May 10, 2018; (b) “Around December 18:3, 2017, the Defendant added “Article 10(2) of the Criminal Act”; and (c) applied for amendments to the indictment stating that “The Defendant, in the I Entertainment room located in the Daegu-gu, Daegu-gu, Seoul-gu, the victim J was able to repair amusement (such as 2 stampter, clothes, clothes, and clothes, etc.); and (d) applied the law on August 2, 2015, added “Article 10(3) of the Criminal Act”; and (d) changed the Defendant’s ability to “ [the premise] [the Defendant] to change the victim’s ability to possess things, things with his mind, logic, and impulse,” in the charges [the premise]

“Additional” was added.

This court permitted the above modification of the indictment, and the subject of the adjudication was changed.

(2) In addition, the prosecutor filed a claim for the medical care and custody against the defendant in this court, and the court shall jointly examine the case with the defendant and view to the following.