A defendant shall be punished by imprisonment for not less than one year and six months.

A. At the time of committing the instant crime, the Defendant was mentally and physically in a state of mental weakness due to mental disorder, such as physical and mental disorder.

2) The sentence of the lower court (two years of imprisonment) is unreasonable.

B. The prosecutor’s sentence of the lower court is unreasonable as it is unhutiled.

2. In full view of the following facts and circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mental and physical weakness and the evidence duly admitted and examined by the lower court, the Defendant is deemed to have lacking the ability to discern things or make decisions due to mental disorder, etc. at the time of committing the instant crime.

This part of the defendant's argument is justified.

① On May 21, 2020, before the instant crime was committed, the Defendant received medical treatment at the W mental clinic located in Gwangju metropolitan city. While the Defendant was in a situation that is highly likely to cause behavioral problems under the suspicion of bipolartic disorder and pre-psying symptoms of mental disorder, the Defendant was unable to perform medical treatment by his refusal.

② On June 7, 2020, police officers received a report immediately after the instant crime and arrested the Defendant, and confirmed whether the Defendant was drinking alcohol, taking into account the Defendant’s attitude, etc., and did not decrease the drinking condition of the Defendant.

On the next day, the police officers of Japan inspected the drinking and the medication of narcotics to the defendant, and all of the voice decisions have been made.

③ In the police investigation, the Defendant made a statement that the general public could not understand because he or she did not use Macro as a vehicle, etc., and the police officers directly investigated also made an investigation report to the effect that there is a mental problem in view of the Defendant’s behavior, statement, etc.

(4) The department of mental health of X-type hospital as a result of a request for mental health appraisal of a party.