The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

It shall be 1,00,000 square meters, one half of which has been seized.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) had weak ability to discern things or make decisions due to the aftermath of the traffic accident.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. An ex officio determination prosecutor has reached the trial of the case, and applied for changes in indictment with respect to the name of the crime of this case as "Habitual larceny", and the applicable provisions of this case as "Articles 332 and 329 of the Criminal Act". Since this court permitted this, the judgment of the court below cannot be maintained any longer.

However, the defendant's assertion of mental disability is still subject to the judgment of this court despite the above reasons for ex officio reversal, and it will be examined below.

B. In full view of the evidence adopted and examined, the lower court determined that it is difficult to view that the Defendant was in a state that he had the weak ability to discern things or make decisions at the time of committing the instant crime.

However, according to the written mental appraisal of the defendant of the Medical Treatment and Custody Director by the court's request for mental appraisal of this case, the defendant shows symptoms such as changes of character due to brain damage and malfunction of function due to traffic accident, decline in impulse adjustment ability, lack of awareness and flexibility of accident, etc. In particular, it is recognized that there are personality and behavior disorders such as decrease in intellectual ability (I Q66) situation and lack of judgment ability. In full view of the motive, circumstance, means and attitudes of each of the crimes of this case recognized by the evidence duly adopted and investigated by the court below, and the defendant's behavior before and after the crime of this case, the defendant's personality and behavior disorder as seen earlier at the time of each of the crimes of this case are examined.