All appeals by prosecutors are dismissed.

A. (1) Defendant 1 committed the instant crime under the condition that the Defendant was unable or lacks the ability to make a decision on the ability or intent to discern things by taking out three soldiers with mental and physical disorder, but the lower court committed the instant crime without recognizing it.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. According to the record as to the defendant's mental disorder argument, it is recognized that the defendant had drinking alcohol prior to the crime of this case.

However, according to the evidence duly adopted and examined by the court below, the defendant laid away food waste (Evidence Records 159 pages, 186 pages) before the crime of this case, and the fact that the defendant brought him to a fire-fighting dog near street trees in the vicinity of the crime of this case (Evidence Records 159 pages, 186 pages) can be recognized.

In full view of the aforementioned facts and the circumstances leading up to the instant crime, motive, the criminal defendant’s method of committing the instant crime, his behavior at the time of committing the instant crime, and the circumstances after committing the instant crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of committing the instant crime.

in such manner as to have been or was in a weak state.

Therefore, this part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant has already divided the error of the instant crime in depth, and it is favorable to the Defendant that the Defendant again would not interfere with the same kind of mistake while having to receive treatment in the future from a mental health department.

On December 23, 1998, the defendant is at the Southern Branch of the Seoul District Court.