The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

excessive one (No. 1) seized shall be confiscated.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically in a state of mental and physical weakness.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. The determination of mental disorder provided for in Article 10 of the Criminal Act is a biological element, and needs to be determined that the mental disorder lacks or reduces the ability to distinguish things due to such mental disorder, other than mental disorder such as mental, mental or abnormal mental condition. Thus, even if a person with mental disability is a person with normal mental disorder at the time of committing the crime, he cannot be deemed a mental disorder if he/she had the ability to distinguish things or control action. However, in the case of a fixed mental disorder such as mental disorder, such as mental division, even if he/she seems to have the mental disorder at the time of committing the crime, it is common that he/she was unable to restrain the impulse of the crime even if he/she had the mental disorder at the time of committing the crime, and in such a case, he/she was sentenced to imprisonment with prison labor for a period of 7 years from 0 years from the date of division of mental disorder, and thus, he/she may be deemed to be mentally and physically weak (see Supreme Court Decision 92Do1425, Aug. 18, 1992).