The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of the grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to shock disorder, etc.

C. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. According to the records of this case, such as medical records at N Hospital’s judgment on the claim of mental retardation, a doctor’sO judged that the defendant’s intellectual ability was in a state where the defendant’s intellectual ability was weak by mtile 69, social age was 4.6, social index was left at the level of 32, so it is difficult to understand and spread verbal instructions, and people’s care was necessary. The defendant was sentenced to Grade 3 intellectual disability. On July 18, 2003, the Busan District Court sentenced 10 months of imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). The appraiser P of this case evaluated that “the defendant was in a state where he had weak ability to make decisions due to shock disorder at the time of committing the crime.” The defendant was sentenced to 10 years of imprisonment with prison labor at Busan High Court on December 21, 201, and the defendant was found to have weak ability by 17 people with intellectual disability at the time of committing the crime.

3. Accordingly, the Defendant’s appeal is reasonable.