The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

excessive one (No. 1) that has been seized, excessive.

1. Summary of grounds for appeal by the defendant;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with the disabled of the second degree with mental retardation at the time of the instant crime.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. According to the statement of a mental appraisal document prepared by the doctor affiliated with the Medical Treatment and Custody Office to determine the assertion of mental disorder, the Defendant is diagnosed as a mental disorder of the highly advanceddo, who shows symptoms, such as intelligence, impulse control, lowering social judgment ability, etc., and at the time of committing the instant crime, the Defendant may be found to have been in the same mental state as at the time of the instant crime.

In full view of all the circumstances, such as the motive, background, means and mode of the instant crime, the Defendant’s act before and after the instant crime, etc., it is reasonable to deem that the Defendant was in a state of mental disability with a mental disorder whose mental retardation at the time of the instant crime had the ability to discern things or make decisions, and thus, the Defendant’s assertion of mental disorder is with merit

(2) The court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, since the defendant's appeal is without such ability, and the defendant's appeal is without merit.

On the other hand, since the prosecutor filed a claim for medical treatment and custody against the defendant at the trial court, the prosecutor makes a decision on the claim for medical treatment and custody along

Punishment of the crime

The facts constituting the crime acknowledged by this court in the first head of the lower judgment are as follows: “The accused is in a state where it lacks the ability to discern things or make decisions due to the mental retardation of the Do which shows symptoms, such as intelligence, shocking, lowering the impulse, and lowering the social judgment ability.”