The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 피해자에게 팔짱을 낀 사실이 있을 뿐 상해를 가한 사실이 없다.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the statement of a mental appraisal of the defendant of the Medical Treatment and Custody Director by an ex officio request for a mental appraisal of the Medical Treatment and Custody Division, the defendant has a drop in his/her ability to make a judgment, and intelligence is at the boundary level of I Q Q 72, and mental state is diagnosed by the emotional unstable due to brain damage, sexual shock control disorder, and the fact presumed to be the same mental state as the present at the time of committing the instant crime can be acknowledged.

In full view of the various circumstances, such as the motive, process, means and mode of the instant crime, the Defendant’s behavior before and after the instant crime, and degree of reflectivity, it is reasonable to deem that the Defendant was in a state of mental and physical disability, where the ability to discern things or make decisions was reduced due to the qualitative disorder at the time of the instant crime.

Nevertheless, the judgment of the court below that the defendant committed the crime of this case under a normal mental condition is erroneous in the misapprehension of the facts.

On the other hand, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even though there is a ground for ex officio reversal in the judgment below.

나. 사실오인 주장에 대한 판단 원심이 적법하게 채택하여 조사한 증거들에 의하면 피고인이 피해자의 뒤에서 팔짱을 끼고 이후 피해자를 수회 때려 2주간의 치료를 요하는 우측 족부 부종 및 울혈 등의 상해를 가하였다는 이 사건 공소사실을 넉넉히 인정할 수 있으므로 피고인의 주장은 이유 없다.

3. Accordingly, the judgment of the court below is based on the grounds for ex officio reversal, and thus, on the defendant's assertion of unfair sentencing.