The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (five months of imprisonment) on the defendant is too unreasonable.

2. The judgment of the defendant has many records of the same crime; the crime of this case was committed during the suspension period of the execution of the same crime; and the victim under the influence of the new wall hour had access to the victim and stolen possession. The fact that there is a high possibility of criticism on the method and form of the crime is disadvantageous to the defendant.

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant suffers from brain death, the mental age appears to be at least 3 to 5 years of age with intellectual disabilities even in the middle of the second degree of mental retardation, the fact that the victim lives as a recipient of basic living, the fact that the damage amount of this case is not so big that all the victims have been returned, and the suspension of execution of imprisonment imposed on the defendant can be cruel due to the invalidation of the suspension of execution of punishment imposed on the defendant when imprisonment is finalized, and other circumstances shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, degree of violence, etc., the sentence imposed by the court below

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act as to the provisional payment order shall be based on the same reasons as the order, as seen in the judgment on the grounds for appeal.