The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was in a state that the defendant lacks the ability to discern himself from water or make decisions at the time of committing the instant crime;

In light of the fact that it is difficult to see that the lower court’s determination that recognized reduction of physical and mental drugs is unfair, and that such reduction cannot be recognized, the lower court’s punishment (3 million won) is too unfeasible and unreasonable.

2. Determination

A. According to the results of the Defendant’s reply to the fact-finding that the Defendant was in a state of mental or physical weakness at the time of committing the instant crime, the Defendant appears to have a trouble in decision-making capacity due to dementia symptoms as well as undermining the impulse’s ability to coordinate with others. Moreover, as the social ability to distinguish between one’s own goods and another’s goods has deteriorated, it appears that the Defendant did not know others.

Therefore, in full view of the result of the above fact-finding reply, the medical certificate to the defendant, and the defendant's attitude in this court, the defendant can be recognized as having committed each of the crimes of this case under the lack of the ability or decision-making ability to discern things due to mental disorder, such as fall in recognition function, trouble in shocking, etc.

B. The Defendant had a criminal record of the same kind of offense, and the Defendant again committed the theft of this case and theless driving of the same offense during the period of repeated crime, which had not been long been sentenced to criminal punishment due to the same offense.

However, the defendant's acknowledgement of the crime of this case is against the defendant, the thief was returned to the victim and the victim was not punished against the defendant. As seen earlier, the defendant committed each of the crimes of this case in a state of mental and physical weakness, and the age and sex of the defendant.