The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for two years and by a fine of 150,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness due to depression, etc., and even though this constitutes grounds for reduction or exemption of punishment, the lower court erred by misapprehending it.

2) The sentence of the lower court (two years of imprisonment and a fine of KRW 150,00) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor applied for changes in the name of the crime to “special injury” under Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” under the applicable law, “Article 258-2(1) and Article 257(1) of the Criminal Act” and “Article 257(1) of the Criminal Act”. Since this court permitted this and changed the subject of the judgment, the judgment of the court below, which is based on the initial facts charged, should be sentenced to a single punishment. Thus, this part of the crime and the remainder of the crime, cannot be maintained.

However, despite the above reasons for reversal of authority, the defendant's assertion of mental disorder is still subject to the judgment of this court.

B. In light of the content and means of the instant crime, the Defendant’s act before and after the instant crime was committed, etc., it cannot be deemed that the Defendant did not have or lacks the ability to discern things at the time of the crime, and thus, the Defendant’s above assertion by the Defendant cannot be accepted.

3. As such, the judgment of the court below is without merit, but there is a ground for reversal ex officio as seen earlier. Thus, the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act, without examining the judgment of the defendant and the prosecutor's unfair argument of sentencing.