The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder due to mental illness at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. In full view of all the circumstances, including the contents of the investigation report before the judgment of the defendant, the investigation of the case and the Defendant’s speech and behavior during the trial process, etc., the defendant, as a class 1 disabled person with intellectual disability with the intelligence index and social well-being index of less than 34, was unable to undergo normal school education without the help of his/her guardian, such as failure to bring about a particular job as a member of the literature, etc., and his/her dependent member was killed in around 2017, after his/her death, he/she experienced emotional distress by appraisal adjustment, such as frequently displaying decentralization and fake cards on the deceased day after 2017. In full view of all the circumstances such as the background and method of the crime of this case, the means and method of the crime of this case, the behavior of the defendant before and after the crime of this case, and the circumstances after the crime of this case, it is reasonable to deem that the defendant had an ability to make a decision by mental disorder of this case, etc., at the time of the crime of this case.

However, even though the defendant was investigated under the presence of a social worker belonging to a support center for persons with developmental disabilities during the investigation process of this case, in light of all the circumstances before and after the crime, including the fact that he/she made a statement by memorying the situation before and after the crime of this case, or the process of the crime, and that he/she tried to find the victim together with the church pastor, etc. accompanying him/her after the crime of this case, the defendant did not have the ability to discern things or make decisions beyond the above state of mental and physical disability at the time of the