The sentence of sentence against the defendant shall be suspended.

A. The Defendant, by misapprehending the legal doctrine, committed the instant crime under the influence of mental and physical weakness due to a polar disorder.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. According to the record, the Defendant was diagnosed from 2009 to the nearest 50 times as a result of the diagnosis of a bipolartic disorder, etc., and received treatment at least 50 times in prison, and had no effect in the parallel treatment of drugs. From April 2016 to the time of the instant crime, the use of the uniforms was voluntarily suspended, and the process of investigation after the commission of the crime, and the degree of statutory attitude after the commission of the instant crime, the Defendant had the ability to discern things or make decisions due to mental illness at the time of the instant crime.

Therefore, the defendant's misapprehension of the legal principle is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the unfair argument of sentencing, and the judgment below is ruled as follows through pleading.

[Grounds for a new judgment] The summary of criminal facts and evidence against the defendant recognized by this court is that "criminal facts" is added to all "the defendant lacks the ability or decision-making ability to discern things due to stimulative disorder," and the summary of evidence is as stated in each corresponding column of the judgment of the court below, except for adding "the details of health insurance benefits and medical care benefits" to "the summary of evidence" column. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 311 of the Criminal Act concerning the crime. Article 311 (Selection of Penalty Penalty)

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59(1) of the Criminal Act provides for a suspended sentence.