The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (mental disorder and mistake of facts) was at the time of committing the instant crime, with mental disorder due to brain injury, congenital mental weakness, etc., and there was no perception and intention to commit the instant crime.

The judgment of the court below is erroneous in the misunderstanding of legal principles or misconception of facts.

2. Determination

A. According to the disability diagnosis report prepared by the doctor S of the Seoul Special Metropolitan City I Hospital and the H Center’s psychological evaluation report on the assertion of mental disorder, it is recognized that the defendant was determined as a mental body around December 12, 2013 by 53 (Language Intelligent 61, 53), intelligence level was determined as a mental body, and on August 24, 2018, the total intelligence index was determined as 48, and social gender index was determined as 68 (age 6 months).

However, the record reveals: (a) around December 30, 201, the Defendant was evaluated as 80 (Language intelligence 92, No. 69) with total intelligence (G Hospital’s psychological evaluation report); (b) around December 12, 2013, K-WSC’s age-based psychological evaluation report was also assessed as “the level of mental retardation or average level”; and (c) around June 15, 2018, the symptoms of excessive behavior were shown as “the classical disorder: activity and state disorder, disability, injury, or illness: The diagnosis (or presumption) of “the depression’s disorder and uncertainty in detail,” which had no symptoms of mental disorder, was conducted in the name of the Defendant’s online bank’s loan, and (d) the Defendant was given the Defendant’s full repayment of the loans from the Internet Center’s loan and the Defendant’s loan’s loan out of 0 U.V.’s loan out of 20 U.V.’s loan to the Defendant.