The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 (one paper) shall be confiscated.

1. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.

According to the records, the following circumstances are recognized:

A. At the time of the Defendant’s third year of elementary school, the Defendant entered Korea, along with the punishment of his parents, was assigned to senior recruitment.

From that point of time, the defendant's depression began, but did not receive any specific treatment.

B. The Defendant, despite of a mental illness, has graduated from a university with an excellent grade and received employment visa (F4) and entered Korea.

However, the defendant experienced difficulties in seeking jobs, and the wage was delayed at the place of employment, and the depression was serious.

The defendant, for a period of not more than one year, has been forced to leave his job more than four times due to delayed payment of wages, etc., and the defendant could not receive proper remedies for infringement of rights.

C. The Defendant committed the instant crime without making a prior decision as above. D. The Defendant committed the instant crime.

As a result of the examination of the defendant, the scale of the defendant's psychological examination, such as liverism, depression, sulphism, hostileism, editing, and mental illness, shows a mental state in which the average value of the defendant is significantly higher.

In full view of the above circumstances, the Defendant appears to have weak ability to discern things or make decisions due to depression at the time of committing the crime in the lower judgment.

Therefore, the judgment of the court below which did not reduce the degree of mental disorder is unlawful when the defendant committed the crime in this case. Therefore, the judgment of the court below cannot avoid reversal in this regard.

3. Accordingly, the court below's decision on the ground of ex officio reversal as above is without examining the defendant's assertion of unfair sentencing, and Article 364 (2) of the Criminal Procedure Act.