A defendant shall be punished by imprisonment for one year.

A. At the time of each of the instant crimes, the Defendant was in a state of mental illness and injury.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the assertion of mental disability, and the circumstances leading to the instant crime, specific method of crime, and circumstances after the commission of the crime, the Defendant had the ability to discern things or make decisions due to the polar disorder at the time of each of the instant crimes.

Therefore, this part of the defendant's assertion pointing this out is justified.

① Each of the instant crimes committed by the Defendant was between May 1, 2019 and May 22, 2019.

After the Defendant committed the crime on May 2, 2019 (2019dan1628), the Defendant was hospitalized in an emergency from May 3, 2019 to May 7, 2019. At the time, the physician in charge determined that the Defendant had a typical depression, such as aggressive disorder and aggressive behavior.

② On May 13, 2019, the Defendant, without any justifiable reason, arrested a flagrant offender twice a day by assaulting others.

After arrest, the defendant continued to be mixed, and easily issued a fake card, and was hospitalized in BZ hospital on the same day by doing aggressive action.

However, as soon as the Defendant was discharged, the Defendant continued to be hospitalized in the Eunpyeong Hospital on May 23, 2019, and was hospitalized until September 20, 2019.

The defendant showed symptoms such as excessive conditions of hospitalization and a failure to determine the reality.

③ On October 24, 2019, the Defendant committed a crime of obstruction of the performance of official duties on May 19, 2019, and was sentenced to imprisonment with prison labor for six months and one year of suspended execution at the Seoul Central District Court. In the above judgment, it was recognized that the Defendant had weak ability to make decisions due to depression.

3. Conclusion.