A. As to the charge of special assault among the facts charged in the instant case, the Defendant did not err by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the Defendant was merely engaged in the beer’s disease on the floor in the process of vision with the victim, and did not have committed a crime of special assault against the Defendant.

B. On July 2016, the Defendant, who was mentally and physically weak, committed each of the instant crimes under the lack of the ability to discern things or make decisions, since he/she was discharged from a mental hospital and took medicine at a mental hospital. Therefore, the Defendant committed each of the instant crimes under the lack of the ability to discern things or make decisions.

(c)

The punishment sentenced by the court below to the defendant (the penalty amounting to KRW 11 million and the cost of lawsuit) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake as to special assault, namely, the victim D consistently made a statement from the police to the court of the court below to the effect that the defendant abused the victim's head by using beer's disease. ② However, the victim made the second statement concerning the circumstances of the case at the time when the police first made the statement that "the defendant used beer's disease and met the back head's disease." However, in the second statement of the court below, the victim made the second statement that "the defendant was suffering from beer's disease and met with the back head's disease." However, in the court of the court of the court below, the victim made the statement to the effect that "the defendant first was suffering from beer's disease, and people were faced with beer's disease." In light of the above legal statement in the court of the court below, the victim appears to have abused the victim by using beer's disease over two occasions, ③ The defendant and the victim made the second statement and the victim.