A defendant shall be punished by imprisonment for not more than ten months.

A. Defendant (1) was guilty of the fact that the Defendant had no responsibility at the time of each of the instant crimes, i.e., the state of mental and physical loss, but the lower court had a mental and physical weakness.

Since each of the facts charged in this case was found guilty, the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

(2) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Before the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio, and the prosecutor applied for changes in the name of the instant crime to “special injury” under Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act, “Article 258-2(1) and Article 257(1) of the Criminal Act” under the applicable law, “Article 258-2(1) of the Criminal Act and Article 257(1) of the Criminal Act”. Since the instant court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.

However, even if the judgment of the court below has the above reasons for reversal of authority, the argument of mistake about the defendant's non-performance of responsibility is still subject to the judgment of the court of this Court.

B. Article 10(1) of the Criminal Act regarding a claim for non-performance of responsibility requires that the ability to assume responsibility due to a mental disorder as stipulated under Article 10(1) of the Criminal Act, due to a biological factor, not only the mental disorder, such as mental illness or abnormal mental condition, has been affected by the said biological factor, and thus, the said biological factor was in a state where the ability to discern things or

In addition, the determination of the existence and degree of mental disorder as stipulated in Articles 10(1) and 10(2) of the Criminal Code is a legal judgment and a specialized appraiser.