The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding one hundred thousand won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The Defendant with mental and physical weakness committed each of the instant crimes under the influence of mental and physical weakness due to mental illness.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of 10 months, the fine of 300,000 won, and the demotion for sexual assault treatment) is too unreasonable.

2. According to the records on the Defendant’s assertion of mental and physical weakness, the Defendant received a diagnosis of a mental divided disease, etc. and received a confinement and treatment for four years and five months after being subject to imprisonment with prison labor for 2007 and a medical care and custody disposition for 2007; the Defendant was repeatedly receiving medical treatment and discharged from AH mental hospital due to the mental fission, exchange, damage network, memory, etc. after being released from around 2011; the Defendant was sentenced to imprisonment with prison labor for 10 months on June 4, 2015 due to a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and a crime of injury; and the Defendant committed each of the above crimes in a state of mental and physical weakness due to mental division, etc.

In view of the fact that reduction of mental and physical weakness has been recognized, etc.

According to the above facts, at the time of each of the crimes of this case, the defendant had weak ability to discern things or make decisions due to mental illness.

The decision is judged.

The defendant's mental and physical weak argument is reasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act without examining the defendant's unfair argument that the defendant's appeal against the defendant's mental and physical weakness is with merit, and the judgment below is reversed, and the following is ruled again through pleading.

[Re-written judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are all criminal facts of the judgment below. The defendant committed the following crimes under the status that the defendant lacks the ability to discern things or make decisions due to mental fission, etc.

1. In addition, “1. Medical care and custody reports” is added to the summary of the evidence.