The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The defendant did not assault the victim.

B. At the time of committing the instant crime, the Defendant was in a state of mental suffering from a mental disorder due to a dead mental disorder.

C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is unlimited and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the defendant's face is recognized as having been taken in the victim's fat, and the victim's face is not accepted. Thus, this part of the defendant's assertion is rejected.

B. In full view of the following circumstances acknowledged by the record as to the assertion of mental and physical disorder, namely, the Defendant was subject to criminal punishment for various violent crimes from 1987 to 2013, and was suffering from the net mental fission before several years, and the Defendant committed the instant crime under the condition that the victim, who was frighting from the convenience store at the time of the instant crime, frightd and frightd from the convenience store, frightd to fright to fright to fright the victim, and had the victim fright to fright to fright at the time of the instant crime, the Defendant committed the instant crime under the condition that the Defendant had the ability to discern things or make decisions by defright to fright

Therefore, the judgment of the court below is erroneous in that it affected the conclusion of the judgment by imposing the defendant's mental and physical condition.

3. Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.

Criminal facts

The facts constituting the crime and the summary of the evidence acknowledged by this court are the facts constituting the crime of the original judgment and the summary of the evidence are as follows: “The defendant” of the first head of the original judgment is as follows: “The defendant is not capable of discerning things or making decisions by means of a dead mental fission.”