The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The abstract of grounds for appeal (mental disorder and unreasonable sentencing);

A. At the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions due to mental illness.

B. The sentence of imprisonment (four months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. According to the record of the determination on the assertion of mental disorder, the following facts are acknowledged: (a) the Defendant was detained after the occurrence of the instant case and was subject to pharmacologic treatment by complaining of symptoms, such as summons, network, etc.; (b) the psychiatrist of the Seoul National University Hospital (hereinafter referred to as “the need for medication due to a certificate of mental fission”; and (c) the Defendant, even in the past, has the past history of receiving the treatment by a hospital in the

In light of the above facts, the background leading up to the crime of this case, the means and method of the crime, and the circumstances after the crime, etc., the defendant cannot be deemed to have had the ability to discern things or make decisions due to mental illness at the time of the crime of this case, but it is judged that the defendant had the ability to discern things or make decisions due to mental disorder such as mental division, etc.

3. Accordingly, the defendant's mental and physical argument is with merit. Thus, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered again

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of mental illness and injury shall be limited to Articles 10(2) and 55(1)3 of the Criminal Act.