The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime of loss of mental and physical capacity, there was no ability to discern things or make decisions.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

2. On June 9, 2015, the Defendant was sentenced to imprisonment with prison labor for not more than ten months in the Daejeon District Court Branch Branch of the Daejeon District Court for fraud and completed the execution of the sentence on February 26, 2016.

"2016 Gohap 192"

1. On May 11, 2016, the Defendant: (a) opened a ice cream cooling house installed therein at the convenience point of the “E” for the operation of the victim D in Asan-si, Asan-si on May 11, 2016; and (b) cut off a ice cream equivalent to KRW 1,000 in the market price owned by the victim.

from the time of theft, and from that time, the same year

7. From June 25, 201, the facts charged in the indictment on the list of crimes in Attached Table 1 stated that the date and time of the re-date 9 No. 19 of the table of crimes in Attached Table 1 is “6:07 on June 26, 2016.” However, this appears to be a clerical error in “ June 27, 2016. 16:07” (Evidence No. 160, 165 of the evidence record). As described above, the Defendant stolen an Arabic forest worth KRW 104,90 in total at 57 times in total.

2. The Defendant, on July 4, 2016, injured by robbery, takes out one ice ice cream equivalent to 1,800 won at the market price at the cooling house of the convenience store around 14:10 on the same day.

In addition, as a result, a brug was put into a brug, and a brug was discovered to the above victim, a pipe was plucked and plucked up to the victim's fingers, which requires medical treatment for about 21 days between the victim and the brug, so that the victim's fingers can escape arrest.

The Defendant, around 16:22 on August 29, 2016, 2016, at the convenience point of the “E” for the operation of the victim D in Asan City, the Defendant: (a) opened a ice cream cooling house installed therein; and (b) stolen a ice cream amounting to KRW 1,800 in the market price owned by the victim; and (c) committed a theft with one breac forest equivalent to KRW 1,800 in the victim’s market price. From around that time to September 16, 2016, the Defendant extended 28 times in total, as indicated in the list of crimes 2.