The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for five years and by a fine of 150,000 won.

The above fine shall be imposed on the defendant.

1. Considering the gist of the grounds for appeal (unfair sentencing) and the fact that the Defendant and the person who was in charge of the medical care and custody (hereinafter “Defendant”) are in a state of mental and physical weakness, the sentencing of the lower judgment (five years of imprisonment, fine 150,00 won, and confiscation) is too unreasonable (the Defendant’s defense counsel stated in the appellate brief that the Defendant was in a state of mental and physical weakness, and stated the remaining mental and physical weakness on the date of the first trial of the first trial of the first instance.

However, the lower court recognized that the Defendant had already been in a mental and physical state due to alcohol dependence, etc. at the time of committing the crime, and mitigated the sentence against the Defendant pursuant to Articles 10(2), 10(1), 55(1)3, and 55(1)6 of the Criminal Act.

Therefore, the part concerning mental and physical weakness among the grounds for appeal by the defendant is deemed to be included in the unfair sentencing argument considering the above circumstances). 2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the first instance of the instant facts charged, the Prosecutor changed the part “Seman of August 2017” to “Seman of August 31, 2017” in Article 1 of the instant facts charged, and applied for the modification of an indictment to add “H 2 truck 1 unit” to the damaged items, and this Court permitted this.

Therefore, the subject of the judgment on the medical care and custody claim which is deemed as filing an appeal by the defendant's appeal in accordance with Article 14 (2) of the Act on the Treatment, etc. of the Defendant and the Medical Care and Custody Act was changed.

Therefore, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below is reversed, and it is decided as follows through pleading.

[Grounds for the judgment below] Criminal facts and the reasons for the medical treatment and custody, and the summary of the evidence recognized by the court, and the facts and summary of the evidence are among the facts of the judgment below.