The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Summary of Grounds for Appeal

Defendant

The defendant of mental disability is presumed to have shown mental symptoms, such as physical function at the level of the boundary line and the fall of impulse capacity for specific parts at the time of each of the crimes in this case, and the decision-making capacity has been lowered, but it is improper for the court below to recognize it.

The sentence of unfair sentencing (three years and six months of imprisonment) by the lower court is too unreasonable.

In light of the fact that the defendant of medical treatment and custody commits the crime of this case again during the period of repeated crime, it is difficult to lower the risk of recidivism by itself, and medical treatment and custody should be sentenced to the defendant.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The mental and physical disorder stipulated in Article 10 of the Criminal Law related to the determination of mental and physical disorder is a biological factor, and it is necessary to say that the mental disorder has a mental disorder, such as mental illness or abnormal mental state, and the mental disorder has a lack or decrease in the ability to discern things, and therefore, it cannot be deemed a mental and physical disorder if the mental disorder is a person with mental disability, even though he/she is a person with a normal mental disorder or behavior control ability at the time of committing the crime, and it cannot be said that he/she requires a person with a mental disorder to control his/her impulse and to demand compliance with the law, unless there are special circumstances. Thus, the mere fact that there is a mental and physical disorder does not constitute a cause for reduction or exemption of punishment. Determination of mental and physical disorder does not necessarily require the opinion of a specialized appraiser as a legal judgment, and it does not necessarily require the type and degree of mental disorder, motive and cause of the crime, the circumstances and manner of the crime, and the form and form of the crime.