The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was a person with intellectual disability at the age of 11 even with social well-being, and the Defendant committed the instant crime in a state of mental disorder or mental disability due to intellectual disability.

C. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. First of all, we examine the allegation of mental disorder.

Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, it is recognized that the defendant has a serious obstacle to the degree of 11 years of age and lack of thinking and analysis capabilities in overall daily life. In light of the contents of the defendant's intellectual disability and the circumstances of the crime in this case, it is reasonable to view that the defendant at the time of committing the crime in this case had a weak state of ability to discern things or make decisions due to intellectual disability.

Therefore, the defendant's assertion that he has lost the mind is without merit, and the defendant's assertion that has a mental disability is with merit.

3. Since the defendant's argument about the judgment of the court below is well-grounded, it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and it is again decided as follows.

【The reason for the judgment of multiple times】 The criminal facts and summary of evidence admitted by the court in this case are all criminal facts in the judgment of the court below, which include the following crimes under the condition that “the defendant has an intellectual disability falling under the age of 11 and lack of thinking and analysis capabilities in the overall daily life.” The above mental disorder resulting from the above mental disorder has committed the following crimes under the condition that the person lacks the ability to discern things or make decisions,” and the summary of evidence added “medical certificate, heavy disability welfare card, and psychological evaluation report” to the summary of evidence.