The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the instant facts charged, July 7, 2012.

1. Summary of grounds for appeal;

A. The defendant 1-B of the charge of mistake of facts

Although 1 punishment, as stated in the facts charged at the time and place stated in the port, has been included in the same as the list in the facts charged, this is merely a result that the defendant was temporarily lent to a victim with the permission of the victim but it was impossible to return the victim later because it was impossible to do so, and it was not stolen, the court below held otherwise that the defendant committed the facts constituting the crime No. 1

The Act on the Aggravated Punishment, etc. of Specific Crimes, such as Paragraph 1, was concluded to have committed a thief crime. Therefore, the judgment of the court below is erroneous by misunderstanding facts.

B. The defendant with mental disorder is a criminal facts No. 2-A of the judgment below.

The judgment of the court below which did not recognize mental and physical disorder is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles, which affected the conclusion of the judgment, even though the state of mental and physical disability was under the influence of alcohol at the time of each crime described in paragraph.

C. The sentence imposed by the court below (one year and six months of imprisonment) on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for amendments to the Act on the Aggravated Punishment, etc. of Specific Crimes, which added the charges for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) as stated in paragraph (1) above to the judgment of the court below. Since this court permitted this, the judgment of the court below was no longer maintained

However, the defendant's assertion of mistake of facts and mental or physical disorder is still subject to the judgment of this court.

3. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, Article 1-B of the facts constituting the crime of the lower judgment.

It may be recognized that one punishment has been stolen in the same manner as the statement in the port.