The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had no or weak ability to discern things or make decisions due to the psychological disorder at the time of the instant crimes.

B. The punishment of the lower judgment that was unfair in sentencing (one million won) is too unreasonable.

2. In full view of the evidence duly adopted and examined by the lower court as to the assertion of mental or physical disorder, the following circumstances can be acknowledged in view of the evidence duly adopted and examined, the welfare card, opinion, and written confirmation of release from admission, etc., which are bound to the trial records, and in light of this, the Defendant had the ability to discern things or make decisions due to the lack of ability to discern things or make decisions,

Since the mental and physical weak argument is reasonable (in light of the background leading to each of the crimes in this case, the means and methods of committing the crime, the circumstances after committing the crime, etc., it is deemed that there was no ability to discern things or make decisions due to the emotional disorder.

As such, the argument of mental and physical loss is groundless). ① The Defendant was hospitalized for 39 days on a total of 429 days from April 1999 to June 14, 2016 on a 39-day basis as well as for 11 days from February 19, 2016 to February 29, 2016 in each of the instant crimes (on June 2, 2016), and was hospitalized for 6 days from June 9, 2016 to June 14, 2016 in each of the instant crimes.

② The medical doctor K at the I Hospital prepared on June 7, 2016 in the opinion of opinion that “the Defendant was hospitalized in his/her principal hospital without prison labor due to symptoms of mental illness, such as excessive growth, interest, and scarcity violence.”

There is a statement to the effect that the mental symptoms are repeated and aggravated from time to time.

③ On January 4, 2007, the Defendant was registered with Grade III mental disorders.

④ Criminal records such as the frequency of hospitalization, assault, injury, damage to property, and obstruction of business of the accused seem to have gradually increased since 2010.

5. The Defendant, at the police station, destroyed cargo vehicles by leaving the excreta.

Ga. D. D.