A defendant shall be punished by imprisonment for not less than eight months.

except that, for two years from the date this judgment becomes final and conclusive.

A. The judgment of the court of first instance (Defendant 1) was in the state of mental and physical disability due to stimulative disorder at the time of the instant case, which was in the state of mental and physical disability. 2) The sentence imposed by the court of unfair sentencing (eight months of imprisonment) is too unreasonable.

B. The sentence (3 million won) sentenced by the lower court is too unreasonable, as it is too unreasonable. 2) The sentence imposed by the lower court is too uneasible and unreasonable.

2. Determination

A. The judgment of the court of first instance and the judgment of the court of second instance on the grounds for appeal by the defendant and the prosecutor prior to the judgment on the grounds for each appeal by authority are sentenced to the judgment of the court of first instance and the judgment of the court of second instance, and the defendant filed an appeal against them, and the party members decided to concurrently examine the above two appeals cases. Each of the first and second judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

B. The defendant's assertion of mental disability as to the judgment of the court of first instance is still meaningful, despite the reason for ex officio reversal in the judgment on the defendant's claim of mental disability.

Around October 1989, the following circumstances acknowledged by the record, namely, (i) the Defendant was diagnosed by Qic Hospital at Qic Hospital that he was suffering from a mental disease called “stimulative disorder,” and (ii) had been suffering from the above mental disease at the time of the instant crime; (iii) the Defendant was sent from the investigative agency to the compulsory accommodation on the ground that he had raised an objection against the police officer during the course of travelling to Busan around March 1985; and (iv) the Defendant was suffering from a mental disease such as stimulative disorder, etc. due to the shock at the time.