The judgment of the court below is reversed.

The punishment of the accused shall be three years of imprisonment.

1. Summary of grounds for appeal;

A. The mentally and physically weak Defendant was mentally and physically in a state of mental weakness at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. In full view of the following circumstances, which can be acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mental and physical weakness, and the circumstances of the Defendant’s criminal act committed in the instant case, including the background leading to the instant crime, the means and method of the crime, the circumstances after the crime was committed, and the circumstances of the Defendant who can be verified by this court, etc., the Defendant appears to have committed the instant crime in a state that

① On April 16, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of arsoning the present main building and the crime of destroying general goods at the Seoul High Court. Based on the result of the mental appraisal commission to the director of the treatment and custody center, the above court held that the Defendant committed the above crime under the mental retardation and judgment drop in the Do, namely, the physical and mental weakness of the Do, on the ground that: (a) the Defendant falls under a mental delay level of intelligence index (I Q) 41; (b) the social age is 68.75; (c) the social index is 11; (d) the amount of the accident is less than the volume of the accident

The recognition was recognized.

On May 8, 2017, the Defendant committed the instant crime since one year has not elapsed since the execution of a sentence by the above judgment was completed, and there was no circumstance in which the Defendant’s status was improved during that period.

(2) The defendant is not under the influence of alcohol at an investigative agency on the ground that he/she has become unbrupted a child or a suddenized child.

The defendant stated that he did not properly recognize the seriousness of the crime and did not control the impulse in the state of his decline without being aware of the seriousness of the crime due to mental delay, thereby leading to the crime of this case.

3. Accordingly, the defendant's argument of mental and physical weakness is reasonable, and thus the sentencing of the defendant is unfair.