We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and two months.

As seized, white plastics.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability at the time of committing the second instance judgment.

The punishment of the second instance court (one year of imprisonment) shall be too unreasonable.

B. The first instance court’s sentence (a fine of five million won) is too unhued and unreasonable.

2. Determination

A. According to the records of this case as to the claim of mental retardation, the defendant was sentenced to one year imprisonment with prison labor for the violation of the Toxic Chemicals Control Act and for larceny in the state where he/she lacks the ability to discern things or make decisions due to inhaled hallucinogenic substances, but he/she was examined by an investigative agency on October 28, 2009 and stated in detail on the process of the crime, etc., and on March 16, 2019, in light of various circumstances including the crime and other various actions of the defendant before and after the crime, etc., he/she did not have the ability to discern things or to make decisions.

B. B. Prior to the judgment on the grounds for appeal of unfair sentencing by the defendant and the prosecutor, prior to the judgment on the grounds for appeal of unfair sentencing by the defendant and the prosecutor, each of the first and second instances was pronounced to the defendant, and the prosecutor and the defendant filed an appeal against them, respectively. This court decided to hold a joint hearing of the above two appeals cases. Each of the first and second judgments of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained.