All appeals by prosecutors are dismissed.

A. Defendant 1) The Defendant, at the time of the instant crime, was in a state of lacking the ability to discern things or make decisions due to an on-site illness. 2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. 1) Determination as to the claim of mental disability under Article 10 of the Criminal Act requires that mental disorder, such as mental illness or abnormal mental condition, other than mental disorder, which is necessary for the lack or decrease of the ability to discern things or control action accordingly due to such mental disorder. Thus, even if a person with mental disorder is a person with normal mental disorder at the time of committing the crime, if he/she had the ability to discern things and control action (see, e.g., Supreme Court Decision 2012Do12689, Jan. 24, 2013). We examine the instant case in light of the foregoing legal principles. 2) In this case, the Defendant is recognized as having been hospitalized in the Eunpyeong Hospital in Seoul Special Metropolitan City as “the bereaved family’s unknown disease” from December 8, 2018 to December 12, 2018, and the crime of this case from December 19, 2018 to December 6, 2018.

(1) However, examining the contents of the instant crime, the Defendant was aware that he/she committed an act with clear awareness of his/her act.

② The Defendant made a relatively clear statement about the motive for the instant crime, i.e., the first, 19, 3, and 48 of the evidence record, i.e., the evidence recording, 2, 17, 4, and 21 of the evidence record, and 3, 1, 20, 200, 300, 40, and 22, of the evidence record.

(5) The defendant.