A defendant shall be punished by imprisonment for not less than five months.

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

B. The sentence imposed by the lower court (five months of imprisonment) is too unreasonable.

2. According to the records of this case, it is recognized that: (a) the Defendant received a mental therapy from May 15, 2009 to F Hospital from the point of view of being hospitalized several times in the process; (b) was hospitalized from August 8, 2013 to the point of August 14, 2013; and (c) the Defendant committed the instant crime in French and Two weeks only after being hospitalized; (b) the Defendant voluntarily surrendered to the investigation agency on the day following the commission of the crime; and (c) the police investigation stated that “I want to steals a vehicle or bicycle anywhere at the time of drinking; and (d) I voluntarily surrendered the instant vehicle by taking advantage of the perception that I am wrong.”

In full view of the above circumstances, since it is recognized that the defendant was in a state that he had the ability to discern things or make decisions due to stimulative disorder at the time of the crime of this case, the court below erred in failing to reduce mental and physical disability.

3. If so, the defendant's argument of mental disability is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence admitted by this court is as follows: “Criminal facts” in the fourth sentence of the judgment of the court below; “The defendant has a lack of ability to discern things or make decisions due to stimulative disorder,” and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, in addition to adding “report on investigation (a medical record attachment)” to the summary of the evidence. As such, it is cited as it is in accordance with Article 369

Application of Statutes

1. Criminal facts;