The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A person who applies for a medical care and custody shall be punished.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, a mental and physical weak criminal defendant and a person who was in charge of care and custody (hereinafter “defendant”) had the mental and physical weakness to discern things or to make decisions due to drinking, depression, etc., at the time of the instant crime.

B. The sentence of the lower court’s unfair sentencing (4 years of imprisonment) is too unreasonable.

2. The circumstances before and after the instant crime was committed, the background leading up to the instant crime, as well as the mental diagnosis result of the relevant mental diagnosis by H appears to have resolved social isolation, seliness and stress against a person who lacks intellectual ability and social adaptation ability compared to that of the Defendant, and has been treated as a depression accompanied by influence, paralysis, and uneasiness during the past several years.

At the time of the crime of this case, the Defendant was physically and mentally weak to the effect that the above mental illness at the time of the crime of this case had deteriorated the capacity to discern things and

In light of the fact that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, the Defendant had the weak capacity to discern things or make decisions.

Recognized.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the court below's decision is reversed, and the prosecutor's appeal against the defendant for the treatment and custody claim against the defendant raised for the first time in the trial.

Criminal facts

Except for the addition of all the criminal facts stated in the judgment below of the court below as follows, the facts constituting the cause of medical treatment and custody are as follows:

The defendant shall decide on his/her ability or will to discern things due to his/her mental disorder due to the inserting of middle leullopty, alcohol use, dependent sacrife, etc.