The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

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

The Defendant, who is physically and mentally weak of the grounds for appeal, committed the instant crime under a state of mental and physical weakness due to the death of the Defendant.

The punishment of the lower court (two years and six months of imprisonment, three years of suspended execution, two years of observation of protection, and 80 hours of taking sexual assault treatment lectures) is too unreasonable.

Judgment

The determination of mental and physical weakness as stipulated in Article 10 of the Criminal Act is a biological factor that requires mental disorder, such as mental disorder, mental disorder or abnormal mental condition, and the ability to distinguish things due to such mental disorder is lacking or reduced. Thus, even if a person with mental disorder was capable of distinguishing things or controlling behavior at the time of committing the crime, it cannot be viewed as mental disorder. However, in the case of a fixed mental disorder such as mental disorder, even if the mental disorder seems to be the same as the normal person, it is often related to the mental disorder, and even if the offender’s awareness at the time of committing the crime seems to be the same as the normal person, it is often impossible to restrain the impulse of the crime. In such a case, it is reasonable to view that the mental disorder was reduced by the ability to control the behavior due to mental disorder, and thus, it is not mental and physical weakness (see Supreme Court Decisions 92Do1425, Aug. 18, 192; 2005Do1425, Dec. 34, 2005).

Nevertheless, the judgment of the court below which determined the defendant's punishment without reducing mental and physical weakness is erroneous as to mental and physical weakness.