All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for 13 years.

Seized evidence No. 1 shall be confiscated.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was suffering from mental illness, such as a mental illness, and was in a state of mental disability. The judgment of the court below was erroneous in misapprehending the facts or misapprehending the legal principles on mental and physical disorder.

B. The sentence imposed by the lower court (the first instance judgment: 15 years of imprisonment and the second instance judgment: 1 year of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below in the first and second instances against the defendant in the judgment of ex officio, and the defendant filed an appeal against the above two cases, and this court decided to hold a joint hearing. Since each crime of the judgment of the court below in the first and second instances against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below in the first and second instances cannot be maintained as it is, since it is the concurrent crimes under Article 38(

B. The lower court determined that the Defendant did not seem to have been in a state of mental disability at the time of each of the instant crimes, based on the circumstances indicated in its reasoning.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below: ① According to the mental appraisal document prepared by the medical treatment and custody center, the defendant is presumed to have been in the state of showing symptoms such as exchange, damage, disorder in real judgment, etc., and the above mental condition is presumed to have been similar at the time of committing the murder in this case; ② appears to have been in the state of mental disorder, whose ability to distinguish things and decision making capacity have been deteriorated; ② appears to have been in the above condition at the time of committing the special injury in this case after the month; ③ the defendant was in the state of being treated by the mental and hospital even before entering Korea; ④ The defendant was in the state of being treated by the mental and hospital before entering Korea; ④ the victim who was in relation to the background of the crime of murder was smoking, and the victim who was the same.