The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing the crime by misunderstanding the facts or misapprehending the legal principles

Even though it is difficult to see the difficulty, there is an error of misunderstanding of facts or misunderstanding of legal principles.

B. The sentence of the lower court’s improper sentencing (one hundred months of imprisonment) is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court as to the assertion of misunderstanding of facts or of legal doctrine, the Defendant was in a mental and physical weak state where the ability to discern things or make decisions was reduced due to a mental division soldier at the time of committing the instant crime.

The decision is judged.

Therefore, this part of the prosecutor's argument is without merit.

① 피고인은 정신장애 3 급이고( 공판기록 99 면), 조현 병으로 수차례 입 퇴원을 반복하였으며 현재까지 도 신경 안정제를 복용해 오고 있다( 증거기록 118∽119 면, 공판기록 120 면). ② 피고인은 평소 아버지 D 와 형 E의 집을 찾아와서 “ 새끼야” 등의 욕설을 하고 집에 물건을 가지고 마당으로 나와 불을 지르기도 하는 등( 증거기록 37 면, 46∽47 면) 이상행동을 나타내곤 하였다.

(3) The defendant was found to go home to D as an apartment in which he lives, and D is deemed to be frozen and frozen.

The Defendant stated that he made an accurate judgment at the time of the lower court’s trial on the fact that he did not want to leave D (Evidence No. 59). The Defendant stated that he made an accurate judgment as to the fact that he did not have any satisfy for the reason that he could never have any satisfy as above (No. 225 of the trial record). ④ The Defendant visited the protective observation office on March 23, 2016, the day before the instant crime was committed, to hold an interview, and in light of the content thereof, the Defendant stated that the Defendant stated that the Defendant “hopfys, such as: (a) visiting the protective observation office on March 23, 2016, which is the day before the instant crime was committed; and (b) “hopfying the head of Eup and the head of Eup/Myeon,” and that the Defendant’s attitude and behavior at