The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The defendant does not pay a fine.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability with mental disability.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. The following circumstances revealed in the records of the determination of the claim of mental disability are recorded several times in elementary school life records, and in particular, the Defendant continued to be treated after being diagnosed with the right brain fladism and the bladism that he was hospitalized at the hospital around December 10, 2017 due to the fall of the recognition ability (or being diagnosed with the 'fladism of the fladism', such as his recent life problems and recent implications, or attempted to be forgotten with important past history). The psychological evaluation report shows that there was a delayed disability in the light of the psychological evaluation report. The Defendant is registered with the disabled of the 3rd grade intellectual disability due to these symptoms, the background and result of the crime of this case, the Defendant's behavior before and after the crime of this case, and the circumstances after the crime of this case, etc., it is determined that the Defendant had the ability to change the right or make decisions with weak intent at the time of the crime of this case.

Therefore, the defendant's argument of mental disability is justified.

[On the other hand, on December 18, 2018, Article 10(2) of the Criminal Act, which provides for mitigation of punishment necessary for the act of a person with mental disability, was amended on the same day as "the act of a person who lacks the ability to discern things or make decisions due to mental disorder, may be mitigated from punishment" (Article 15982). However, the crime of this case was committed on June 8, 2018 before the above enforcement date, and the crime of this case was committed on June 8, 2018).