The defendant's appeal is dismissed.

1. The court below found the defendant guilty as to the violation of the Punishment of Violences, etc. Act (joint injury), violation of the Punishment of Violences, etc. Act (joint coercion), violation of the Punishment of Violences, etc. Act (joint violence), violation of the Punishment of Violences, etc. Act (joint violence), and violation of the Punishment of Violence, etc. Act, and dismissed as to the

Since the Defendant filed an appeal only against the aforementioned guilty portion among the judgment below, and the Defendant and the prosecutor did not appeal against the dismissal portion, the dismissal portion of the public prosecution in the judgment below became final and conclusive as much as the time limit for appeal.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was suffering from mental disability, who had symptoms of a protegrative disability at the time of the instant crime, and was diagnosed as a Grade III intellectual disability with very low recognition ability, and was in a state of mental disability.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

3. Determination

A. In full view of the evidence duly adopted and examined by the lower court and the following facts and circumstances, it is difficult to view that the Defendant had a weak ability to discern things or make decisions at the time of committing the instant crime even if the Defendant had a decentralization and intellectual disability.

Therefore, this part of the defendant's assertion is rejected.

① A medical specialist of the Public Medical Treatment and Custody Office who has conducted a mental diagnosis of the accused is presumed to be a mental disorder, a self-centered, highly oriented and frightion, a lack of criminal responsibility and morality, and a repeated act that violates another person’s rights and social norms. At present, the ability to distinguish things and make decisions are sound, and this case’s crime is committed.