The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

. At the request of a prosecutor in the trial.

The Defendant and the requester for the medical care and custody (hereinafter “Defendant”) at the time of committing the instant crime, at the time of the instant crime, had mental and physical weakness due to the symptoms, depression, and alcohol.

The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.

The judgment (as to the assertion of mental or physical disorder), as stipulated in Article 10 of the Criminal Act, requires mental or physical disorder as a biological element, other than mental disorder such as mental, mental or abnormal mental condition, which lacks or reduces the ability to distinguish things due to such psychological disorder. Thus, even if a person with mental disability is a person with normal mental disability or behavior control ability at the time of committing the crime, it cannot be deemed a mental or physical disorder. However, in the case of a fixed mental disorder such as mental disorder, if the person with mental disorder seems to have the ability to distinguish things at the time of committing the crime, and if the person’s consciousness at the time of committing the crime seems to be the same as the normal person, it can be commonly related to the mental disorder, and in such a case, it may be deemed that the defendant was physically and mentally weak since he was hospitalized due to mental disorder, etc. (see, e.g., Supreme Court Decisions 92Do1425, Aug. 18, 192; 2005Do275, Feb. 1, 2005).