A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. At the time of the instant crime, the Defendant was in a state of mental health and injury with mental illness.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the defendant's ex officio, the defendant was examined on December 11, 1995, and the defendant was a juvenile under Article 2 of the Juvenile Act at the time of the decision of the court below, but became an adult at the time of the trial.

Therefore, the judgment of the court below that sentenced the defendant to be sentenced to an irregular sentence cannot be maintained any longer.

However, the defendant's argument of mental disability is still subject to the judgment of this court, so this is considered.

B. According to the evidence duly admitted and investigated by the court below as to the claim of mental disability, it is found that the defendant was in a state of drinking at the time of the crime of this case, but it does not seem to have been in a state of lacking the ability to discern things or make decisions. Therefore, the above argument by the defendant is without merit.

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant has no record of criminal punishment against the exemption from the disclosure notification order under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant.