A. The Defendant suffered from a stimulative disorder, and at the time of committing the instant crime, he/she was in a state of loss of mental or physical health or mental weakness due to the above mental disorder.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The mental and physical disorder stipulated in Article 10 of the Criminal Act regarding the assertion of mental and physical disorder requires that the mental disorder caused by the biological factor, other than the mental disorder such as mental illness or abnormal mental condition, is lacking or reduced in the ability to discern things due to psychological disorder. Thus, even if a person with mental disorder is a person with a normal mental disorder at the time of committing the crime, if he/she had the ability to discern things or control action (see, e.g., Supreme Court Decision 2006Do7900, Feb. 8, 2007). According to the records, the fact that the defendant was diagnosed with the polar disorder after committing the instant crime is recognized.

However, in light of the circumstances leading up to the crime, the means and methods, and the circumstances before and after the crime, etc., the defendant was in a state that the defendant had no or weak ability to discern things or make decisions due to the above mental illness at the time of preventing the crime of this case.

It is not visible.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant recognized the facts charged and reflected against the determination of the unfair argument for sentencing, and that he suffers from the disease with dynamic disorder at present.

However, the Defendant: (a) caused the instant traffic accident involving the victim who was parked from the said dump truck due to negligence of driving a dump truck in an excessive manner; (b) resulting in serious consequences of the victim’s death; and (c) immediately after the occurrence of the serious accident, the Defendant assaulted the victim who was a guest on the same day.