A. The Defendant, as the misunderstanding of the facts, enters a hospital under the influence of alcohol at the time of the crime of intrusion on a structure and of taking the mentally and physically weak at the time of the crime, there was no intention to intrude a structure against the Defendant at the time.

B. At the time of committing each of the instant crimes with mental disorder, the Defendant was physically and physically in a state of mental disorder.

(c)

The punishment of the court below (10 months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, especially the statement made by K at an investigative agency and the statement made by the investigation agency of the defendant and the court below at the court below, it is recognized that the defendant invadeds the toilets of D hospital as stated in the judgment of the court below, and that at the time the defendant

Since it is judged, the defendant's assertion of mistake is not accepted.

B. As to the assertion of mental and physical weakness, the Defendant appears to have received multiple pains from July 27, 2015 to April 4, 2016 due to the Chon's on-site illness, and the Defendant was deemed to have received several outpatients at the time of committing the crime of intrusion on the structure of the instant case, theft, and attempted fraud. However, even though the Defendant was aware of the fact that 2 sicks at the time of committing each of the instant crimes, he/she was aware of the motive for each of the instant crimes, which may be known by the evidence duly adopted and investigated by the lower court (the Defendant, in an investigative agency, wanting to get out of the investigative agency about the intrusion on the structure of the instant case and want to hear sound to report the urine.

On the first issue of larceny and attempted fraud, I stated that the first issue was about the 3rd floor and the second issue was brought about, and later, the desire was made, the method and method of the crime, the defendant's behavior before and after the crime (the defendant attempted to commit the crime of attempted fraud with a stolen physical gake card), and the defendant's behavior shown in the photograph taken by cutting the hospital and the CCTV image, and in particular, the defendant was subject to the crime by taking soup.