The sentence of sentence against the defendant shall be suspended.

A. The Defendant did not interfere with the mistake of facts.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of a fine) is unreasonable and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal on the ex officio decision on the ability to assume responsibility, the defendant and his defense counsel did not explicitly assert mental and physical disorder in this case. However, considering the following circumstances acknowledged by the records of this case, i.e., ① the defendant was hospitalized in the hospital, the mental and physical ward at the time of the crime of this case, and ② the defendant was suffering from the head on the day of the crime of this case, it is determined that the defendant committed the crime of this case under the condition that the defendant lacks the ability to discern things or make decisions.

Nevertheless, the lower court determined on the premise that the Defendant did not have a state of mental disability at the time of committing the instant crime, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine on mental disability.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.

B. As recognized by the evidence duly admitted and examined by the court below regarding the assertion of mistake, the court below stated that the contents of each written statement C, D, E, and F are specific, and that the defendant himself/herself has a friendly relationship with a sound, etc., and it is recognized that the defendant interfered with the medical services, such as counseling treatment, etc. by the mental and medical doctors of the instant hospital. Therefore, this part

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above grounds for ex officio reversal, and the judgment below is again decided as follows after hearing.

【Discretionary Judgment】 Summary of Criminal facts and Evidence