We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal (mental and physical disorder, misunderstanding of legal principles and improper sentencing)

A. The Defendant had mental and physical weakness at the time of committing the instant crime.

B. In light of the legal principles, the Defendant’s attempted special robbery does not constitute crimes under Articles 329 through 331 of the Criminal Act under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”). As such, the Defendant is not a person who has been sentenced to imprisonment not less than three times with labor for an offense prescribed in Article 5-4(5)1 of the Act.

(c)

The punishment sentenced by the first instance court (one year and six months of imprisonment) for the sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court on the assertion of mental and physical disorder, it appears that the Defendant’s intelligence index as a person with intellectual disability 3 was significantly reduced compared to the general public. However, in light of the background of the instant crime, the method and manner of the relevant crime, the Defendant’s statement, etc., at the time of the instant crime, was in a state where the Defendant had a weak ability to discern things or make decisions.

The claim for mental disorder was rejected on the ground that it is difficult to view.

In a close examination of the first deliberation judgment by comparison with the evidence, the first deliberation judgment on the mental and physical disorder is just and acceptable, and there is an error of law as alleged by the defendant.

It is difficult to see it.

Therefore, we cannot accept the defendant's above mental disorder argument.

B. On August 209, the first instance court found that the Defendant was punished by imprisonment with prison labor for the attempted special robbery on August 20, 2009, on January 10, 2014, and on October 8, 2015, who was sentenced to imprisonment with prison labor for larceny on July 23, 2016 and completed the execution of the last sentence on September 9, 2016, and recognized that the Defendant was punished by the instant larceny under Article 5-4(5)1 of the Act and Article 329 of the Criminal Act, but the Defendant’s special character was punished by the said special robbery.