A defendant shall be punished by imprisonment for not more than ten months.

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

A. The Defendant, at the time of the instant crime, was in a state of mental disability due to brain surgery and legacy, etc.

B. The lower court’s imprisonment (ten months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. A. Determination of the claim of mental disability is peeped in the circumstances where the defendant had a considerable obstacle to brain function by performing brain salute operations, etc. at the time of the crime of this case. However, in light of the speech and behavior at the scene of the crime, and the circumstances of accompanying the child who was the accomplice and Busan, it cannot be seen that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's claim of mental and physical disability is rejected.

B. The extent of damage on the assertion of unfair sentencing or the fact that it did not reach an agreement with the victim is disadvantageous to the Defendant.

However, in full view of the records and the results of sentencing hearings in this case, the defendant was detained for more than four months and the defendant had sufficient opportunity to reflect on the defendant's being detained for a period of more than four months; the health of the defendant is not good due to brain salute operations; on the other hand, the records and the results of sentencing hearings in this case, such as the investigation before the trial of the court, etc., were taken into account, and the defendant was released to Busan for more than ten years, and the defendant was gathered for more than ten years, and the defendant was still involved in the this case, and the money that has been cut off as the main offender was still unbrupted. In light of the circumstances leading to the participation in the above crime, there are many other circumstances to be considered in light of the defendant's age, character and behavior, and the conditions of sentencing indicated in the records, etc., the sentence of the court below, which sentenced

3. As such, the defendant's argument of mental disability is without merit, but the argument of unfair sentencing is with merit, so the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.