The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Since the Defendant was in a state of mental disability at the time of the instant case, he was in a state of mental disability, so the lower court did not recognize that the punishment should be mitigated.

Therefore, the court below erred by misapprehending the legal principles as to mental disorder or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The Defendant’s imprisonment of eight months sentenced by the lower court is too unreasonable.

2. In full view of all the circumstances such as the evidence duly adopted and examined by the court below as well as the response to an order to submit a report, which was adopted and investigated by the court below, the medical records of the defendant, the circumstances leading to the crime of this case, the defendant's speech and behavior before and after the crime of this case, the attitude of the defendant in the investigation and trial process, etc., it is judged that the defendant had the weak ability to discern things or make decisions due to mental division, etc. at the time of the crime of this case, and therefore, the defendant'

3. If so, the defendant's appeal on the ground of mental and physical disability is reasonable. Thus, without examining the argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the decision is made again as follows.

【The Judgment which has been written in Dao] The criminal facts and summary of evidence against the defendant recognized by the court in this case are as follows: [The defendant's first head "in the judgment of the court below 2014dan406] and [2014dan1025] added "the defendant" to "the state where the defendant lacks the ability to discern things or make decisions due to mental disorder, etc." and "the summary of evidence" added "the response to the order to submit the report 1.0" to the end of the court below, and thus, it is identical to the corresponding column of the court below's judgment. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

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