A defendant shall be punished by imprisonment for one year.

A. Since the Defendant was not guilty of committing a crime as stated in the facts charged of this case, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of ex officio appeal as to non-ex officio, the defendant and his defense counsel did not explicitly assert mental and physical weakness in this case. However, the following circumstances revealed by the evidence duly adopted and investigated by the court below: ① each judgment on the case, such as fraud, obstruction of performance of official duties, property damage, etc. committed by the defendant ( Daejeon District Court Decision 2014No. 3015, 2014, 2014, 3249, 3119, 2016, 153), which shows that the defendant had no mental and physical capacity to make a judgment on the grounds of the crime in this case; ② the defendant appears to have been unable to have been tried by his defense counsel at the time of his/her mental and physical weakness or at the time of his/her own examination on the grounds of the crime in this case; ② the defendant appears to have had no mental capacity to make a final judgment on the grounds of his/her mental and physical weakness, including the defendant’s mental health disorder in the state of 2015 years ago.

I seem to appear.

Therefore, Article 10 (2) of the Criminal Code shall apply to the defendant.