A. The lower court erred by misapprehending the legal doctrine and omitted judgment on the following, although the Defendant was physically and mentally weak at the time of committing the crime.

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the determination on the assertion of mental and physical weakness, it is difficult to deny that the Defendant received hospitalized treatment from April 24, 2009 to May 21, 2009, from July 7, 2009 to July 23, 2009 as “unsocialized behavior disorder” at the Chungcheong X Hospital. As a result of the mental appraisal conducted by the court of this case, the Defendant was diagnosed as “an excessive behavior disorder with adult caution, and an ambiguous disorder with unknown whereabouts,” and it is difficult to deny that the Defendant is highly likely to engage in ethical and opical behavior due to serious common sense of emotional impulse.

However, immediately after the crime of this case was committed by the Defendant, the Defendant stated in detail his criminal conduct differently from the facts for the purpose of avoiding or reducing liability for the crime in the investigative agency.

F contact with F, to delete the Messen’s room containing the conversation content during the period, and to demand an investigative agency to make a statement in accordance with its statement, and among the contents, “the same was in the same way as a Kaf.”

As CCTV could be confirmed, it was in the underground commercial building.

In light of the circumstances immediately after the crime of this case, the defendant does not seem to have had the ability to discern things or make decisions due to the over-act disorder or malfunction disorder as mentioned above at the time of the crime of this case [it is determined that the conclusion of the mental appraisal document would conform to the generally accepted and mental weak standard, and that continuous professional medical treatment is needed.