The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 200,000 won.

Defendant.

A. At the time of committing the instant crime, the Defendant was in a state of mental disability, mental or physical disability, or mental disorder.

B. The sentence imposed by the lower court on the grounds that the sentence of an unreasonable sentencing ( imprisonment for eight months and a fine of two hundred thousand won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s determination on the assertion of mental and physical disorder, the Defendant may be found to have been hospitalized more than 20 times with a mental fission during the 10-year period, and shows symptoms, such as the network and exchange, and in full view of the Defendant’s behavior and speech in the trial court, it is recognized that the Defendant had weak ability to discern things or make decisions due to mental division, etc. at the time of each of the instant crimes.

In the court below which did not reduce mental disorder, the court below erred by misunderstanding facts concerning mental disorder.

3. As such, the defendant's argument of mental disability is with merit, and it is reversed the conviction part of the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows: (a) except for the addition to the first head of the facts charged by the court below, “the defendant committed the following crimes in a state that the mental division, etc. lacks the ability to discern things or make decisions,” and therefore, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Punishment of Minor Offenses Act, Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of the main cancellation at the government office, the choice of fines), Article 314(1) of the Criminal Act (the point of obstruction of business, the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstruction of performance of duties, the choice of imprisonment) of the Criminal Act, and the Criminal Act.