The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had mental and physical weakness by division.

Nevertheless, the judgment of the court below which did not reduce due to mental and physical weakness is illegal.

B. The sentence that the court below rendered in the court below's unfair argument for sentencing (the penalty amount of KRW 500,000) is too unreasonable.

2. In full view of the following circumstances acknowledged by the records of this case as to the assertion of mental and physical weakness, the defendant committed the crime of this case in a state where the mental division has a weak ability to discern things or make decisions. Therefore, the court below erred by misapprehending the legal principles on mental and physical weakness, which affected the conclusion of the judgment.

On September 19, 2014, the Defendant was judged to have a mental disorder Grade III due to a mental fission who shows symptoms, such as net, exchange, accident disorder, and mound behavior.

The Defendant sent an answer that is difficult to understand on a regular basis, such as making a statement to the effect that “a male who used a way to ask for the background of the crime, reported that he throw away cigarette butts, and that he was going on the vehicle of the victim in order to confirm cigarette butts.”

The Defendant committed the instant crime and was hospitalized in a mental hospital on March 13, 2015, five days after committing the instant crime.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without further proceeding to decide on the unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) the Defendant, while committing the crime No. 1, added “a mentally divided patient, who lacks the ability to discern things or make decisions,” and all of the judgment below are as stated in the corresponding column of the Criminal Procedure Act. Therefore, Article 369 of the Criminal Procedure Act is applicable.