A defendant shall be punished by imprisonment for six months.

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

A. At the time of the instant case, the Defendant had weak ability to discern things or make decisions due to mental disorders.

B. The sentence of imprisonment (six months of imprisonment) imposed by the lower court is excessively unreasonable.

2. The circumstance where the defendant has a physical disorder, such as stimulative disorder and mental disorder, and the defendant has received treatment is recognized. However, this case appears to have been unable to regulate the decentralization of the victim before the defendant was demanded to pay a large amount of money in criminal cases, and it is not believed that the defendant at the time of this case had reached a state where the defendant had the ability to discern things or make decisions due to mental disorder, and thus, the defendant's argument of mental disorder is rejected.

3. The risk of doing a criminal defendant's act of doing an act seems to pose a serious danger and injury on the ground that the defendant had several criminal records related to violence and the victim demanded a criminal agreement.

However, in full view of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below is too excessive and unfair, and thus, the defendant's assertion of unfair sentencing is justified.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court】 Summary of facts constituting a crime and evidence are recognized by the court.