A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

A. The Defendant, who was mentally and physically weak, at the time of committing each of the instant crimes, should be mitigated from punishment on the grounds that the Defendant was physically and mentally weak due to mental illness, such as stimul

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

2. Determination

A. The mental and physical disorder stipulated in Article 10 of the Criminal Act as to the assertion of mental and physical disorder requires that the mental disorder, other than mental disorder such as mental illness or abnormal mental condition, was lacking or reduced in the ability to discern things or control action accordingly. Thus, even if a person with mental disability was a person with normal mental disorder at the time of committing the crime, it cannot be deemed a mental and physical disorder (see Supreme Court Decision 92Do1425, Aug. 18, 192, etc.). Moreover, the circumstance where a person was unable to suppress one's own impulse, which caused the crime, can be found to be long enough for the normal person, and it cannot be deemed that the defendant was lawfully demanded to restrain his impulse and demand compliance with the law, barring special circumstances. Thus, it is reasonable to view that the defect, such as shock disorder and disorder, as well as mental disorder, constitutes an active mental and physical disorder, and thus, it cannot be deemed that the defendant has a serious mental disorder equivalent to 20,000,000 won.