A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

At the time of each of the crimes in this case, the defendant claimed mental disorder was in a state of mental disorder or mental disability.

The lower court’s imprisonment (four months of imprisonment) against the Defendant claiming unfair sentencing is too unreasonable.

Judgment

According to the records on the assertion of mental disorder, the defendant was suffering from mental disorder such as stimulative disorder at the time of committing each of the crimes in this case, while drinking is recognized as having drinking, on the other hand, in light of all circumstances such as the process and method of committing the crime, and the specific behavior attitude of the defendant before and after the crime, the defendant did not have the ability to discern things or make decisions due to mental disorder or alcohol at the time of committing the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, we cannot accept the defendant's argument.

Although the defendant's judgment on the assertion of unfair sentencing has a majority of criminal records of the same kind and continues to commit a crime under the same law, there is no record of having been sentenced to punishment on the other hand, the fact that the defendant's mental disorder was affected by each of the crimes of this case even though he did not have any mental disorder, and each of the crimes of this case appears to have been fulfilled at the investigation stage, and the damage of this case was repaid at the investigation stage, and all of the sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., are inappropriate.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;