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

A. At the time of committing each of the instant crimes, the Defendant was physically and mentally deprived or physically in a state of mental and physical weakness.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor was sentenced to imprisonment with prison labor for larceny on July 1, 2016 with respect to the record of the crime in the charge at the trial of the Party. The judgment on December 8, 2016 became final and conclusive on the following: (a) the Defendant was sentenced to imprisonment with prison labor for a term of larceny from the Gi-gu District Court Goyang branch court

In addition, “the amendment to a bill of amendment” under the applicable law was applied for the addition of “Article 39 of the Criminal Act”, and since the subject of the adjudication was changed by this court’s permission, the judgment of the court below was no longer maintained.

B. Although the aforementioned ex officio grounds for reversal of the Defendant’s mental and physical disorder exist, the Defendant’s argument is still subject to the judgment of this court. Accordingly, according to the evidence, the Defendant was diagnosed by a componable mental disorder prior to several years, and the symptoms have deteriorated due to the suspension of taking drugs at the time of the instant crime. In addition, in light of the following facts: (a) the Defendant committed the instant crime; (b) the Defendant’s act before and after the instant crime; and (c) the Defendant’s cardiopulmonary state on the larceny crime committed at the same time as the instant crime was recognized in the final and conclusive judgment as to the instant crime; and (d) the Defendant is deemed to have committed the instant crime under the lack of ability to discern things or make decisions due to the above mental disorder.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows through pleading.