All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In other words, the Defendant suffers from fissionability disorder.

As a result, the defendant has lost or lacks the ability to discern things or make decisions, so there is no or weak responsibility.

2) The sentence of the lower court’s improper sentencing (one year of imprisonment) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. Determination

A. As to the assertion of misunderstanding of legal principles, the mental disorder provided for in Article 10 of the Criminal Act is a biological element, and it is necessary to say that the mental disorder, other than a mental disorder such as mental disorder or abnormal mental condition, lacks or reduced the ability to discern things and to control the act accordingly. Thus, even if a person with mental disorder is a person with normal mental disorder at the time of committing the crime, if he/she had the ability to discern things or control the act, he/she cannot be deemed a mental disorder (see Supreme Court Decision 2006Do7900, Feb. 8, 2007, etc.). 2) According to the medical certificate for assessing working ability prepared by a doctor AC submitted by the Defendant as reference materials at the lower court, according to the medical certificate for assessing working ability prepared by the Defendant as a medical doctor AC, the fact that the Defendant received mental disorder (psy and mental therapy) from April 8, 201 to May 19, 2017 can be acknowledged.

However, in light of the following circumstances which can be acknowledged by evidence duly adopted and examined by the court of the original instance, the defendant was in a state that the defendant was unable or weak to discern things due to the mental disorder.

shall not be deemed to exist.

The defendant is relatively accurate in relation to the details and contents of the crime, the situation before and after the crime.

Even according to the above medical certificate for evaluation of work ability, the degree of disease of the defendant is the degree that the improvement can be seen through outpatient treatment or pharmacologic treatment.

The defendant, at the time of investigation, should not drink when he drinks a mental and medicinal medicine at the investigation agency.