The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime, the Defendant had mental and physical weakness due to mental illness, such as depression, etc.

2) The unfair sentencing sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The court below’s sentencing (unfair sentencing) is too unfortunate and unfair.

2. An ex officio judgment (revision of indictment) The prosecutor applied the applicable law to the name of the instant crime as “special injury” from “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)”, and applied law to “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” in “Article 258-2(1) and Article 257(1) of the Criminal Act”. Since the instant court permitted the instant crime and changed the subject of the judgment, the lower court was no longer able to maintain it.

However, even if the judgment of the court below has the above reasons for reversal of authority, the defendant's argument of mental and physical weakness is still subject to the judgment of the court.

3. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was given medical treatment due to symptoms, such as depression, fluence, etc. before the instant crime, it may be deemed that the above symptoms have some impacts on the Defendant in light of the background leading to the instant crime, the details of the crime, the attitude of the Defendant, and the circumstances before and after the instant crime. However, even though the Defendant had no ability to discern things or make decisions, the above symptoms may be deemed to have been partly affected.

is not recognized.

This part of the defendant's assertion is without merit.

4. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the above ex officio grounds for reversal, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.