The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness due to the symptoms of the Defendant, but the lower court neglected to do so.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. The following circumstances revealed by evidence duly adopted and examined by the lower court and a medical certificate bound in the trial records, etc.: (i) the Defendant was a person with mental disability Grade III, who was convicted of committing murder on July 2010, and was convicted of having received a mental therapy under the previous investigation; and (ii) the Defendant was convicted of committing murder on or around July 2010, and was sentenced to a prison sentence for five years; (iii) the Defendant continued to receive the mental treatment of Cho Jae-in during the said prison period; and (iii) the Defendant found the victim’s house at the time of the instant crime without any justifiable reason, thereby destroying the glass and windows of the above house door and the window with the wall; and (iv) comprehensively taking account of all the circumstances such as the Defendant’s military force, circumstances leading up to the instant crime, and the circumstances before and after the crime, etc., that it was difficult for him to obtain due to the injury of the vehicle.

The decision is judged.

Therefore, even though a sentence is determined by legal mitigation under Article 10(2) of the Criminal Act against the defendant, the court below erred by misunderstanding the facts affecting the conclusion of the judgment or by misapprehending the legal principles.

3. If so, the defendant's mental and physical weakness are with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the unfair argument of sentencing, and the judgment below is ruled as follows through pleading.

[Judgment of the court below] The criminal facts and summary of evidence recognized by this court are justified in the judgment below.