A. The Defendant was found to have weak ability to discern things or make decisions at the time of committing the instant crime.

shall not be deemed to exist.

However, the court below determined that the defendant was in a state of mental and physical weakness due to dementia at the time of committing the crime of this case. The court below erred by misunderstanding the fact about the state of mental and physical disorder or by misunderstanding the legal principles, which affected the conclusion

B. The sentence of the lower court (two years and six months of imprisonment, and four years of suspended execution) is deemed to be too uneasy and unfair.

(c)

It is unlawful for the court below to exempt the defendant from disclosure and notification order of personal information.

2. Determination

A. As to the assertion that reduction of mental and physical weakness is illegal, the following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below, namely, ① the defendant was in brain fluencing surgery, ② the defendant was diagnosed on February 25, 2008 that there was an impediment in recognition function due to the "blood Dementia", ② the defendant was under medical treatment until now. ② The defendant was unable to properly boom due to dementia, was discovered on the way when she was put in clothes, and there was a need for another person's assistance to lead a daily life. ③ The defendant was unable to properly memory the facts of the crime of this case at the time of investigation, ③ the defendant committed an act of bruing the defendant while avoiding the time of his request at the protective observation office, and the circumstances leading to the crime of this case, the defendant's behavior at the time of the crime of this case, the defendant's behavior at the time of the crime of this case, and the defendant's attitude and ability of the defendant were sufficiently determined at the time of the crime of this case.

Therefore, the defendant.