The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal is as follows: (a) since the Defendant was in a state of mental suffering from a comparatory illness at the time of committing the instant crime; (b) the lower court did not reduce the degree of mental suffering from mental suffering; (c) and (d) there was an error of misunderstanding of facts or misunderstanding of legal principles as to mental suffering; and

2. In full view of the following circumstances acknowledged by the record of this case as to the claim of mental retardation, i.e., the defendant, from around July 12, 197 to the present day, is a person with a second-class disability in the mental retardation being treated with symptoms such as damage, exchange, mental confusion, etc. (complication No. 39, 40 of the trial record), and ii) the fact that the victim was absent from the network that he was suffering from violence, thereby leading to the crime of this case. In full view of the following circumstances acknowledged by the record of this case as to the claim of mental retardation, i.e., the defendant appears to have been in a state of lacking ability to discern things or make decisions due to a man-made disease at the time of the crime of this case. Thus, the defendant'

3. According to the conclusion, 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 summary of the facts charged and the summary of the evidence recognized by this court are as follows: “In a state where the ability to discern things or make decisions is weak due to de facto illness,” and “1. disability certificates” are as stated in each corresponding column of the judgment of the court below, except for addition to “1. Medical Certificate of Preparation of Malicity” and “1. disability certificates” in the summary column of the evidence, this shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 10(2) of the Criminal Act for statutory mitigation;