A defendant shall be punished by imprisonment for one year.

The District Public Prosecutor's Office of Gwangju, which has been seized.

A. At the time of each of the instant crimes, the Defendant was in a state of weak ability to discern things or make decisions due to mental disorders such as drinking, congestedness, etc.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. The following circumstances revealed in the evidence legitimately adopted and examined by the court below as to the claim of mental disability, namely, the defendant was sentenced to a suspended sentence of three years on January 6, 201 in the case of attempted murder 2010 high-scale 505 Gwangju District Court 201, which was sentenced to three years on June 1, 201, and three years on probation, and was subject to mitigation of mental disorder due to mental disorder, such as drinking and adultery, etc., and this court requested the defendant to conduct a mental diagnosis to the Public Medical Treatment and Custody Office. The defendant shows mental symptoms, such as the degradation and deterioration of impulse ability, etc. as patients suffering from mental and physical disorder, and at the time of each of the crimes of this case, the decision-making ability was judged to have been reduced as a mental and physical disorder at the time of each of the crimes of this case, and the defendant appears to have been in a state of mental and physical disability at the time of each of the crimes of this case.

3. If so, the defendant's argument of mental disability is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the following is again decided after oral argument.

Criminal facts

The summary of the facts constituting an offense and evidence admitted by this court is to be deleted from the first head of the facts constituting an offense as indicated in the judgment of the court, and the first head is to add "the defendant has committed any of the following crimes under the status that he/she has the ability to discern things or make decisions due to mental disorders, such as liverness and personality disorder."