A defendant shall be punished by imprisonment for a period of two months.

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder with extreme scarcity, due to scarcity, etc.

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

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Seoul Central District Court on November 1, 2018, and the judgment became final and conclusive on November 9, 2018. As such, the crime of fraud and the crime of this case, for which the judgment became final and conclusive, are in the concurrent relationship between the two crimes after Article 37 of the Criminal Act and the crime of this case at the same time in accordance with Article 39(1) of the Criminal Act, taking into account equity and taking into account the mitigation of, or exemption from, punishment, so the judgment of the lower court is no longer maintained.

However, despite the above reasons for reversal ex officio, the defendant's assertion of mental disorder is still subject to the judgment of this court, and this is examined.

B. According to the record of determination on the assertion of mental disorder, it is recognized that the Defendant suffered from ornamental cream disease at the time of the instant crime.

However, in light of the developments, means and methods of the instant crime, the behavior of the Defendant after the instant crime, and the fact that the Defendant stated in the police investigation at the time of the instant crime, etc., the Defendant was found to have had no or weak ability to discern things or make decisions due to plebrity at the time of the instant crime.

does not appear.

Therefore, the defendant's mental disorder is without merit.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.