A. The Defendant, on June 3, 2013, did not have written a shot on a building managed by the victim N in Mapo-gu Seoul Mapo-gu Seoul, but was guilty of this part of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. At the time of each of the instant crimes, the Defendant was in a state of mental and physical disability for the purpose of excessive recovery of drugs due to an unidentified depression and depression.

C. The sentence imposed by the court below on the defendant (one year and four months of imprisonment) is unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the following circumstances acknowledged by the court below are: (a) the defendant did not have a shape or form of a string in the graffi, mainly on the wall of a steel or a building, graffi, or on the wall, a graff, etc. of a building; and (b) the defendant had a graf in the form of a stringing the string of the string and the string in different colors; and (c) the defendant had a graf in the form of a stringing the string of the string and the string in different colors; and (d) the thring of the type used by the defendant in the vicinity of the site of this case is identical to this; and (e) the defendant's fingerprints was found and the defendant's fingerprints was taken into consideration

B. According to the records of this case as to the claim of mental retardation, it is recognized that the Defendant was subject to pharmacologic treatment from March 5, 2009 to October 4, 2013 due to the depression in detail, depression disorder, etc., and that the Defendant’s prescription was designated as psychotropic drugs, such as alphrazom, clonazpam, clonzpam, and sloidesm, but on the other hand, it is recognized that the Defendant was designated as psychotropic drugs.