2. The defendant shall be punished by imprisonment for eight years;

3. The treatment, custody and custody of persons who have filed for the medical treatment and custody.

A. At the time of committing the instant crime, a mentally and physically weak criminal defendant and a person who was subject to care and custody (hereinafter “defendant”) had weak ability to discern things or make decisions with mental disorder, such as perjury, such as coercion.

B. The sentence sentenced by the court below to the defendant (12 years of imprisonment) is too unreasonable.

2. First of all, we examine the Defendant’s mental and physical weakness argument.

The appraisal doctor L, who conducted a mental appraisal against the defendant, diagnosed the defendant's mental symptoms as "component disorder and depression", presented his opinion that the defendant is presumed to have temporarily deteriorated impulse ability due to the above mental disorder at the time of committing the crime in this case.

In full view of the motive and background of the instant crime, the Defendant’s act at the time of the instant crime, and the degree of testimony in this court, etc., which can be acknowledged based on the evidence duly adopted and investigated by the lower court, the Defendant is deemed to have been in a state of lacking the ability to discern things or make decisions due to the foregoing mental illness at the time of the instant crime.

Therefore, the punishment should be mitigated in accordance with Article 10(2) of the Criminal Act for the defendant's crime of this case.

However, the court below did not take such measures as mitigation of punishment. In so doing, the court below erred by misunderstanding the facts about the defendant's mental and physical condition or by misunderstanding the legal principles on mental and physical disorder, which affected the conclusion of the judgment, and the defendant's assertion

3. As such, the Defendant’s appeal is reasonable, and the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the unfair argument of sentencing. The lower judgment is reversed, and the case of the treatment and custody requested by the prosecutor at the trial and the following is re-written.