The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. Summary of grounds for appeal;

A. A. The Defendant, as a North Korean defectors, was given in 199 to 2003 non-humanistic treatment in North Korea’s political accommodation from 199 to 2003, is suffering from scarcity, damage and symptoms. From 2004 entering the Republic of Korea, the Defendant was hospitalized or administered in the psychotropic spirit and the present year. As such, the Defendant was in the state of mental disability and injury at the time of committing the instant crime as a mental disorder.

B. The sentence of one and a half years of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records on the determination of the claim of mental disorder, the defendant was administered and administered in the form of symptoms, such as infertility, apprehension, depression, etc. from around June 2010, and currently prescribed the psychotropic drugs, and the defendant was hospitalized in the mental hospital for about five days around November 2010, and the fact that the defendant was in a state of drinking at the time of the instant crime is recognized.

However, as acknowledged by the record, it is not recognized that the defendant had the ability to distinguish things or make decisions due to the above circumstances at the time of the crime, and therefore, it is not recognized that the defendant had the weak ability to distinguish things or make decisions (in the case where the defendant was punished in the past, it is not a mental disorder because it was only for the reason that the defendant was under the influence of alcohol) and that the defendant was under the influence of alcohol to the day of the crime. This part of the defendant's assertion is without merit.

B. The decision on the argument on unfair sentencing was made on the grounds of the judgment.