In addition, the appeal by the person who requested the attachment order is dismissed.

A. The Defendant with mental and physical weakness and the person who requested an attachment order (hereinafter “Defendant”) shall be mitigated from punishment, given that the mental and physical weakness occurred due to the instant mental illness at the time of committing the instant crime.

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Determination on the defendant's case

A. The mental disorder stipulated in Article 10 of the Criminal Act as to the assertion of mental and physical weakness requires that mental disorder, such as mental illness or abnormal mental condition, other than mental disorder, such mental disorder, lacks or reduces the ability to discern things or control action accordingly. Thus, even if a person with mental disorder is a person with normal mental disorder at the time of committing the crime, such mental disorder shall not be deemed a mental and physical disorder (see Supreme Court Decision 92Do1425, Aug. 18, 192, etc.). According to the evidence duly adopted and examined by the court below, even though the evidence duly adopted by the court below is deemed to have low intellectual function of the defendant, the following circumstances recognized by the above evidence are acknowledged to have been specific and detailed by the defendant, namely, the defendant did not have any mental disorder being diagnosed or treated with mental disorder, and the defendant was living normally while working in the frame from a company manufacturing motor vehicle parts, and the defendant had the ability to change the defendant's mental disorder before and after the crime of this case, the method and method of the crime of this case, etc.

shall not be deemed to exist.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The instant crime of determining the illegality of sentencing is inside and outside of the buckbucks of the victim (16 tax) who was the juvenile who was locked at the rest room in the soup room.