The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of the grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions due to mental illness.

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

2. According to the statement of a mental appraisal of the defendant of the Medical Treatment and Custody Director prepared by the request for mental appraisal of the court of the judgment, the defendant is presumed to have been in a state of stimulative disorder, such as co-existence, increase of self-esteem, impulse disorder, and judgment disorder, and lack of ability to distinguish things from a temporary object and decision-making ability, and these symptoms of the defendant's mental disorder are judged to have a direct causal relationship with the theft behavior of the defendant. In full view of the above mental appraisal result, the defendant's age, character, family environment, power, circumstance and appearance of the crime of this case, circumstances and behavior before and after the crime of this case, it is reasonable to view that the defendant had the ability to discern things or make decisions due to the stimulic disorder and stimulicization at the time of committing the crime of this case, and the mental disorder of this defendant is judged to have a lack of ability to discern things or make decisions.

Therefore, the defendant's argument of mental disability is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is again rendered after pleading

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows. In Part II of the judgment of the court below, the defendant added "the defendant" to "the state that the defendant lacks the ability to discern things or make decisions due to the stimulative disorder and addition of stimulative disorder and stimulative disorder" and "the preparation of the Medical Treatment and Custody Director" to the summary of the evidence.