The judgment of the court below is reversed.

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

One sheet of seizure (No. 1) shall be confiscated.

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing each of the instant crimes.

B. The sentence of the lower court’s improper sentencing (one year of imprisonment, confiscation) is too unreasonable.

2. In full view of the evidence duly admitted and examined by the lower court and the trial court as well as the evidence on the grounds for appeal (Article 1(1)1), the motive and background of each of the instant crimes indicated in the records, and the statement made by the Defendant in the investigation agency, etc., the Defendant is deemed to have lacking the ability to distinguish things or make decisions due to the tide at the time of each of the instant crimes.

3. As such, the defendant's mental and physical weak argument is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's improper argument of sentencing, and the judgment below is ruled again as follows.

[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court and the summary of the evidence are the first head of the crime history of the judgment below. The defendant was in a state that "the defendant had the ability to discern things or make decisions due to the Cho Jae-sil at the time of each of the following crimes."

In addition, the statement of “in addition and the column of evidence” is the same as the statement of each corresponding column of the judgment of the court below except for addition, and it is also cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136, and 138 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;