The judgment of the court below is reversed.

Imprisonment with prison labor for the crime No. 1 of the judgment of the defendant, and for the crime No. 2 of the judgment.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime claiming mental disorder, the Defendant and the respondent for an attachment order, the respondent for a medical treatment and custody order, and the respondent for a medical treatment and custody order (hereinafter “defendant”) was in the state of mental disorder or mental health disorder caused by mental disorder, such as an intelligence index (I Q), merely 59, and a mental retardation disorder. 2) The lower court’s sentence of unfair sentencing (10 months of imprisonment with prison labor for the first crime in the market and 2 years of imprisonment for the second crime in the ruling) is too unreasonable.

B. Prosecutor 1) In light of the form of the instant crime committed in this case, the Defendant cannot be deemed to have been in a state of mental disability at the time of the instant crime. However, it is unreasonable for the lower court to recognize this as to the Defendant and render legal mitigation. 2) The lower court’s sentence of unfair sentencing is too uneasible and unreasonable

2. Determination

A. As to the argument regarding the mental disorder of the Defendant and the prosecutor, the lower court recognized that the Defendant had weak ability to discern things or make decisions due to mental disorder, such as intellectual disability and sexual intercourse, at the time of committing the instant crime, and subsequently mitigated by law. 2) According to the evidence duly adopted and examined by the lower court, the fact that the Defendant had mental disorder, such as the mental disorder and sexual intercourse, is recognized.

However, the following circumstances acknowledged by the above evidence are as follows: ① Defendant is relatively specific and accurate memory of the contents of the instant crime; ② Defendant is aware that the instant crime was wrong even by himself; ② Defendant 2 was made the victim at one’s own house with his own house after having the victim suffering from a telephone as soon as the time promised by the victim on August 25, 2012, and then threatening the victim “I am fright, knife, knife, and knife as before three years.”