The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

1. Summary of grounds for appeal;

A. The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") at the time of the instant crime were in a state that they lack the ability to discern things or make decisions.

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

2. In full view of the circumstances leading up to the instant crime, the Defendant’s criminal records and the statement of his mental diagnosis of the preparation of the PP of the Medical Treatment and Custody Center (the Defendant’s overall accident is simple, simple and simple, and the content of the accident is very poor and abstract, the understanding and problem solving ability of the social situation is deteriorated, and there is no pathology, and the Defendant is diagnosed in light of the overall intelligence index 54, impulse impulse, behavior disorder, path drop, judgment disorder, and other mental retardation (F70), which show the mental symptoms, such as the overall intelligence index 54, impulse impulse ability, behavior disorder, path drop, and judgment disorder). As such, the Defendant appears to have lacking the ability to discern things or make decisions at the time of the instant crime, the Defendant’s claim of mental and physical disability is with merit.

3. According to the conclusion, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act without examining the Defendant’s grounds for appeal on unfair sentencing, and the judgment is rendered again after pleading, but the prosecutor also determines the application for medical treatment and custody at the trial.

Criminal facts

On February 15, 2007, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Daejeon District Court's Support for Mountain Villages, and three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on October 22, 2009.

The defendant is a patient with a mental disorder who shows mental symptoms, such as shocking ability, behavioral disorder, large-person relationship disorder, etc., and has a very low awareness of reality, and is due to mental or physical disorder.