The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 1 shall be confiscated.

(b) the defendant;

1. Summary of grounds for appeal;

A. A. The Defendant and the Defendant for medical treatment and custody (hereinafter “Defendant”) at the time of the instant crime were in a state of mental disability due to the indicated function of the boundary at the time of the instant crime, shock disorder, etc.

B. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

2. According to the notice of the result of the mental appraisal of the defendant of the medical treatment and custody judgment office, the defendant can be found to have been in a state of mental disorder at the time of committing the instant crime due to the boundary line intellectual functions and shock disorder.

Nevertheless, the judgment of the court below that the defendant committed the crime of this case in a normal mental state is erroneous in the misapprehension of legal principles as to the mental and physical disorder.

Therefore, this part of the defendant's argument is justified.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of reversal as seen earlier, and it is again decided as follows.

On the other hand, since the prosecutor filed a claim for medical treatment and custody against the defendant at the trial court, the prosecutor must make a decision on the claim for medical treatment and custody along with

【The reason for the judgment in multiple times】 The criminal facts acknowledged by the court in this case are cited in accordance with Article 369 of the Criminal Procedure Act on the ground that the first head of the judgment of the court below on the criminal facts stated in the first head of the judgment of the court below, with the exception that “the defendant and the applicant for medical treatment and custody have the ability to discern things or make decisions due to the boundary line and shock disorder.”

The defendant of a cause of medical treatment and custody has committed the crime under the condition that he/she has deteriorated his/her ability to discern things or make decisions due to the intellectual functions and shock disorder of the boundary line, and shall receive medical treatment at the medical treatment and custody facility.