The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

50,000 won seized shall be 50,000 won to the victim N.

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was physically, mentally, or physically and mentally deprived of the military register at the time of committing the instant crime.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. An ex officio judgment prosecutor filed an application for changes in indictment with the content of the facts charged as stated in Paragraph 5 below, which is a single crime related to the facts charged in the instant case, and the subject of this court's permission has changed by allowing it. Thus, the judgment of the court below was no longer maintained.

3. The defendant's assertion of mental disorder, despite the above reasons for reversal ex officio, is subject to the judgment of this court. Therefore, this is examined.

The Defendant asserted the same purport in the lower court.

In light of the legal principles of the judgment below, the court below is found to have received medical treatment from March 24, 2009 to October 25, 2012 under the name of “military register wall” in the O hospital, but the above facts alone are serious enough enough to evaluate that the degree of disorder in impulse adjustment is equal to the person with mental illness in the original meaning.

The defendant's above assertion was not accepted on the ground that it is difficult to see it.

Examining the reasoning of the judgment of the court below compared with the records, the judgment of the court below is justifiable.

The Defendant’s assertion on this part is without merit (the Defendant applied for a mental appraisal at the court in relation to the assertion of mental disorder, but did not have a mental appraisal because he did not want to have a mental appraisal conducted by committing to the Public Medical Care and Custody Center). 4. In conclusion, the lower court’s judgment is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s unfair judgment on the sentencing.