The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. It is true that misunderstanding of facts intending to drive away the victim who is mixed with the victim who gets alone, and intending to take the victim's her son and her son in his son and her son in his son and to attract him to the alley.

However, this was to say that it would be a lending of money to the victim, and it was not so to give money to the victim.

Nevertheless, the lower court found the Defendant guilty of the charges in this case on the ground that he had the intention to commit a crime by force. In so doing, the lower court erred by misapprehending the legal doctrine.

B. At the time of the instant case, the Defendant was in a state of weak ability to discern things or make decisions due to a personality disorder, physical disorder, etc.

C. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. On the grounds of appeal for mistake of facts, the Defendant, in an investigative agency and a court of original instance, made a confession of the crime of taking lectures by stating, “The Defendant had committed an act as stated in its reasoning with the intention of taking money or goods by force from the Defendant.”

In full view of the various evidences examined by the lower court, including the Defendant’s statement of such confession, the lower court’s determination that the Defendant had an intention to commit a crime by force is justifiable.

This part of the grounds for appeal cannot be accepted.

B. As to the grounds for appeal of mental disorder as stipulated in Article 10 of the Criminal Act, mental disorder is a biological element, and beyond mental disorder such as mental illness or abnormal mental condition, it needs to be determined that the mental disorder caused by such mental disorder lacks or reduced ability to distinguish things, and accordingly, the mental disorder cannot be deemed to be a mental disorder, even if a person with mental disorder is a person with normal mental disorder or ability to control action at the time of committing the crime.

Supreme Court Decision 2007Do2360 Decided June 14, 2007 and Supreme Court Decision 2006Do790 Decided February 8, 2007