The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The seized nivers (No. 1) and batteries.

The following facts are acknowledged according to the progress records of the case.

A. The Defendant appealed by the lower judgment, who was sentenced to three years of imprisonment and forfeiture, and the lower judgment was reversed as a result of the instant judgment subject to a retrial in the appellate court, and was sentenced to two years of imprisonment and forfeiture, and became final and conclusive.

B. The Defendant filed a petition for a retrial on the judgment subject to a retrial with this Court No. 2015 (No. 288), and this Court rendered a decision to commence a retrial on December 29, 2015, and thereafter, the decision to commence the retrial became final and conclusive as it did not file a lawful appeal within the period of appeal.

The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness due to a mental disorder.

The sentence of the lower court against the illegal defendant in sentencing (a three-year imprisonment, confiscation) is too unreasonable.

Judgment

Before determining the reasons for appeal by authority, this paper examines ex officio.

A prosecutor shall, after the decision to commence a retrial was made, have been sentenced twice or more to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the defendant again committed such crime within three years after the execution of the sentence was completed.

“The part of the crime was deleted, and the name of the crime was “Habitual larceny” in the “Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and the applicable provisions of the Act were applied to “Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and “Article 329 of the Criminal Act,” respectively, to “Articles 332 and 329 of the Criminal Act,” and the court granted permission.

Therefore, the judgment of the court below can no longer be maintained due to changes in the subject of the judgment.

However, even if there are such reasons for reversal of authority, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, which will be examined as follows.

According to the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mental and physical weakness, 1.