The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of Article 10(3) of the Criminal Act, the reduction of mental and physical weakness should not be applied, as the Defendant, knowing that he/she was suffering from his/her early injury and injury, has ceased to use his/her clothes with the knowledge that he/she was suffering from his/her early injury and injury.

Unlike this, the judgment of the court below is erroneous in the misapprehension of legal principles as to mental and physical weakness.

B. The sentence of the lower court that is unfair in sentencing (amounting to KRW 3,00,000) is too uneasy and unreasonable.

It is unreasonable to consider "mental and physical weakness" as the grounds for statutory mitigation due to small amount mitigation.

2. Determination

A. In light of the following facts and circumstances, which can be acknowledged by the evidence duly adopted and examined in the lower court’s determination on the assertion of misapprehension of the legal doctrine, there is room for the Defendant to have ceased to engage in a drug in a situation where it is difficult to predict specific risks because the Defendant could not have any reasonable perception and accident due to the current situation due to the current tide, and thus, the Defendant’s refusal of a drug by his/her own person, even if the risk was predicted or foreseeable.

It is difficult to see it.

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

① From September 24, 2002 to November 24, 2002, the Defendant received hospitalization at a school of annual generation and at a university’s three-dimensional new health hospital in the university, and received hospitalized treatment from May 19, 2004 to October 27, 2004 due to aggravation of symptoms of mental illness, such as cryptism and net conditions, after which the Defendant was hospitalized.

The Defendant has received approximately 17 years' pharmacologic treatment.

② A patient suffering from her early illness suffers from a sensing of her net symptoms consisting of erroneous thoughts or belief and of no actual existence, and due to such symptoms, it is difficult for a reasonable accident to take place due to lack of proper awareness of external reality.

In particular, the reality has been developed in the direction of the negative interpretation, and it is very unstable for the patient.