The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A seized dinter shall be confiscated.

1. Summary of grounds for appeal;

A. A. The defendant is a mentally ill-incompetent who is an intelligent who is at the age of 10 and has committed the instant crime in a state of mental disorder, and thus it is necessary to reduce the level of mental disorder.

B. In light of the fact that the Defendant recognized all the facts of the instant crime and is in depth divided, the lower court’s imprisonment (two years of imprisonment and confiscation) is too unreasonable.

2. According to the result of the commission of a mental appraisal to the Medical Treatment and Custody Director by this court, as a result of a thorough mental interview with the accused, family interview, mental condition test, psychological test, psychological test, and behavioral observation during the period of appraisal, the accused belongs to the mental retardation level of intelligence index 41, and social index social index social age is calculated as 11 years of age by dividing the social age by the living age, and then multiplying 100 when the actual living age and the social age are equal, S Q Q becomes 100.

68.75, and it is recognized that the level of self-determination and the degree of judgment decline in the Gyeongdo, i.e., the occurrence of the crime in this case in a state of mental disorder, such as the occurrence of the accident, the simple, and the symptoms of mental retardation.

Nevertheless, the lower court did not reduce the sentence under Article 10(2) of the Criminal Act against the Defendant, and thus, the lower court’s judgment cannot be maintained no longer without considering the remainder of the Defendant’s assertion on unreasonable sentencing.

3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the evidence and the facts of the crime recognized by this court and the summary of the evidence are as follows: "the defendant is in a state of mental disability where the level of self-determination and the degree of judgment of the Gyeongdo is affected by the degree of self-determination" between the second and the third of the facts of the crime, and "3........... mental diagnosis of the medical treatment and custody center in this court."