The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

excessive one (No. 1) seized shall be confiscated.

The summary of the grounds for appeal is that the Defendant was a mentally disabled person of Grade III with mental disorder, and the Defendant was treated with a mental and physical illness “Seong-Seong-Seung-Seung-Seung-Seung-Seung-Seung-Seung-Seung-Seng,” even before the instant crime was committed. As such, the Defendant was in a state of mental and physical weakness or mental loss at the time of the instant crime.

The punishment sentenced by the court below (10 years of imprisonment, confiscation) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was at the third level of mental disorder, and the defendant was at the same time receiving the mental treatment as the "Seong-Seong-Seung-Seung-Sek's

However, in light of the following circumstances indicated in the records of the instant case, the background of the instant crime, the Defendant’s conduct before and after the instant crime, and the circumstances after the crime, etc., the Defendant was in a state that the Defendant did not have or lacks the ability

It does not seem that it does not appear.

Therefore, the defendant's mental disorder is without merit.

(1) The Defendant, immediately after the instant investigation, has clearly and clearly stated the conduct that he/she committed and the circumstances leading to such conduct.

② According to the mental appraisal result of the court below, although the defendant had a symptoms of early illness, it is difficult to view that the defendant was under a condition that the ability of physical change and decision-making ability are deteriorated at the time of committing the crime in this case.

The diagnosis was conducted.

③ The witness L of the lower court, who introduced the Defendant through the victim around June 2017, which was the most recent criminal acts of this case, did not feel any special points in the level of the Defendant’s happiness, horse speculation, and speech at the time.

was stated.

④ On June 7, 2017, the Defendant committed the instant crime at the time 19 days have elapsed since he/she received mental treatment by “X Council members” with “Seman’s unknown whereabouts,” and committed the instant crime.