A defendant shall be punished by imprisonment for four months.

A person who applies for a medical care and custody shall be punished.

A. At the time of committing the instant crime, the lower court determined that the Defendant was physically and mentally deprived or physically weak due to the symptoms of the dead-type illness at the time of committing the instant crime.

B. The sentence sentenced by the court below to the defendant (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the response to the defendant's mental diagnosis of the defendant presented at the trial. ① The defendant, who is currently 30 years of age, has been diagnosed by a hospital, such as depression, tidal disease, etc., and has been provided outpatient treatment during the period of 21 years of age, and has suspended treatment due to family circumstances. ② The defendant reported falsely that he died of a person at the police station around September 2014, which caused damage to public goods used by the police station at the police station at the police station at the police station at the police station at the police station at the police station at the police station at the police station at the police station at the police station at the police station at the time, and was sentenced to imprisonment on November 1, 2014 due to damage to the above public goods, and again damaged public goods at the prison at around 20 years of age, and ③ the defendant had been subject to examination and treatment at the correctional officer at the bar at the time of the above mental illness at the time of the death and physical examination at the prison at bar at bar (the mental end of this case.).

The defendant's medical history, circumstances before and after the crime, and crimes.