The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The Defendant’s misunderstanding of the gist of the grounds for appeal by the Defendant: The Defendant, at the time of the instant crime, was unable to discern things or make decisions due to the decline in recognition ability due to dementia, etc.

The punishment sentenced by the court below (4 years of imprisonment) is too unreasonable.

Judgment

The judgment of the court below on the assertion of mistake of facts also asserted that the defendant has lost his mind and body identical to the grounds for appeal, and the court below, based on evidence duly adopted and investigated, found that the defendant was diagnosed by dementia and was hospitalized several times on or around January 2, 2016, even though he was found to have been diagnosed by dementia, and received hospitalized treatment several times thereafter.

I think. I think.

The latter is a large number of meetings.

In light of the statement "," in full view of the fact that it appears that the defendant was aware of the social meaning of his behavior at the time, that is, the act prohibited from being legally punished, and that the result of the defendant's mental appraisal was about mental and physical weakness but did not reach the mental and physical loss, such as decrease of recognition ability, it cannot be deemed that the defendant at the time of the crime of this case reached the state where he did not change things or lost the ability to make a decision further due to the above mental and physical disorder.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the judgment of the court below is sufficiently acceptable, and it is erroneous in the misapprehension of the facts alleged by the defendant.