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. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to shock disorder, etc.

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

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied the provisions applicable to the facts charged in this case to the "Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and Article 329 of the Criminal Act, prior to the judgment on the grounds for appeal by the defendant ex officio, and the prosecutor applied for amendments to the indictment with the contents that "Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act" were changed to "Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article

Although there is a ground for ex officio reversal as above, the defendant's argument of mental and physical weakness still is subject to the judgment of this court, and thus, it will be examined.

3. The phenomenon in which a crime is committed as a result of his/her failure to suppress the impulse of his/her judgment on the assertion of mental and physical weakness is likely to be found even for the normal person. Barring special circumstances, barring special circumstances, it cannot be deemed that a person who has the above character defect requires an act that is not expected to restrain his/her impulse and to demand compliance with the law, and thus, it is reasonable to deem that the defect of the nature like the shock disorder, in principle, does not constitute a mental and physical disorder, which is the reason for reduction or exemption of punishment. However, even if the defect of the nature such as shock disorder, if it is very serious and it is deemed that it is equivalent to the person who has the original meaning, the crime shall be deemed to be a crime caused by mental and physical disorder (see Supreme Court Decision 2008Do9867, Feb. 26, 2009). The defendant all three times judgment expressed by the court below from all, is due to the wall of military register.