The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

A seized kitchen (No. 1) shall be confiscated.

1. Summary of grounds for appeal;

A. The Defendant was suffering from mental illness at the time of the instant crime, etc., in a state of mental disability.

B. The lower court’s sentencing (six years of imprisonment) is too unreasonable.

2. Determination

A. As to the claim of mental disability, the mental disorder provided for in Article 10 of the relevant legal principles is not deemed a mental disorder, in addition to the mental disorder, such as mental illness or abnormal mental condition, due to biological factors, and the mental disorder caused by psychological factors requires that the mental disorder lacks or decrease in the ability to distinguish things, and accordingly, the mental disorder cannot be deemed a mental disorder, even if a person with mental disorder was a person with normal mental disorder at the time of committing the crime, if he/she had the ability to distinguish things or control action.

(3) Article 10 of the Criminal Act provides that “The existence and degree of mental disorder as prescribed by Article 10 of the Criminal Act shall be determined by the court on June 14, 2007” (see, e.g., Supreme Court Decision 2007Do2360, Jun. 14, 2007).”

(2) According to the records, the Defendant received an outpatient treatment from Sychosium from April 201 to 13, 201, due to depression, influence, etc.; and the Sychosium conducted the diagnosis of the Defendant on June 23, 2014 as “influoric mental illness with influoral illness” and “influoral disease with influoral disease with influorial disease” and “influoral disease with influorial disease with influorial disease.” The inquiry report at the inquiry of Sychosium on December 23, 2014 by the Sychosium cannot be deemed to have reached the ability to distinguish things or make decisions.

Although mental illness itself is not judged as a cause of a case, overall progress appraisal adjustment, impulse and aggressive adjustment, etc.