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.

Summary of Grounds for Appeal

Defendant

In addition, it is difficult to view that the applicant for medical treatment and custody (hereinafter referred to as the "defendant") was in a state of mental disorder at the time of committing the instant crime, and there is an error of misconception of facts or misunderstanding of legal principles.

2. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that, in full view of the evidence duly admitted and examined and the overall purport of the pleadings, the Defendant was in the state of mental disorder with the ability to discern things or make decisions, due to the lack of overall recognition and function at the time of each of the instant crimes, and that the Defendant was in the state of mental disorder with the ability to discern things or

B. According to the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court, the Defendant seems to have lacking the ability to discern things or make decisions due to a intellectual disability at the level of gravity at the time of each of the instant crimes.

(1) The Defendant was suffering from intellectual disability and has been entering a special school until now, and was registered as a first-class person with a intellectual disability under the Act on Welfare of Persons with Disabilities after having been judged as a first-class disability of intellectual disability.

② According to the diagnosis of the fact that: (a) it is difficult for the Defendant to make reasonable judgment and proper decision-making as a mental retardation of age 5, for a period of eight months, and I Q 45 or less; and (b) it appears that the Defendant was well-grounded in the adjustment of the desire impulse; (c) it appears that at the time of each of the crimes of this case, it was in a state of mental disorder by mental retardation.

“Opinion I Q 40 and adaptation Action Marks 33 are suffering from a intellectual disability at the gravity level.” The appraisal by the Medical Treatment and Custody Center, which has conducted a mental diagnosis against the Defendant on the 82th day of the trial record.