The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The defendant with mental disorder in the summary of the grounds for appeal was in a state of mental and physical loss or mental weakness due to depression and phical evidence at the time of each of the crimes in this case.

The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable.

On March 27, 2015, the Seoul Central District Court assaulted a police officer with lack of the ability to discern things or make decisions by combining the following circumstances, namely, the background leading up to each of the crimes of this case, the contents of the crime, the Defendant’s speech and behavior before and after the crime, the circumstances after the crime, the Defendant’s ordinary disorder, and the network symptoms, etc., and damaged public goods.

“In full view of the facts constituting the crime of this case, the Defendant was sentenced to ten months of imprisonment (Seoul Central District Court 2015 High Court 2015 High Court 606) and the Defendant’s appeal and final appeal were dismissed, and the above judgment became final and conclusive on July 21, 2015, it can be recognized that at the time of each crime of this case, the Defendant was in a state of lacking the ability to discern things or make decisions due to the fall of the ability to judge the truth due to yellow disorder, network evidence

However, considering the above circumstances and the degree of the defendant's memory at the time of each of the instant crimes and the situation before and after them, the investigation agency and court's attitude of the defendant's statement, etc., it cannot be deemed that the defendant lost his ability to control his act by determining whether he will be able to reasonably distinguish the behavior from that of an object due to the foregoing disorder, network evidence, etc.

In conclusion, the defendant's appeal is reasonable. Therefore, the defendant's appeal is in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing.