The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability due to mental illness.

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

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records, the defendant was sentenced to six months of imprisonment for the crime of indecent act by force at the Seoul Northern District Court on July 19, 2018 and confirmed on December 21, 2018 (Seoul Northern District Court 2018Ma91, Seoul Northern District Court 2018No1351, and Supreme Court 2018Do16802). The crime against the defendant in the judgment of the court below against the defendant is in the relation of concurrent crimes with the crime of indecent act by force and the latter part of Article 37 of the Criminal Act, and the punishment shall be imposed in consideration of equity with the case to be adjudicated simultaneously pursuant to Article 39(1) of the Criminal Act. Since the court below sentenced the punishment without considering it, the judgment below cannot be maintained any longer.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mental disability is still subject to the judgment of this court, and this is examined below.

3. In full view of all the circumstances indicated in the record of the instant case, such as the background of the instant crime and the circumstances before and after the instant crime, it is not deemed that the Defendant had a weak mental or physical state with the ability to discern things or make decisions at the time of the instant crime.

4. The defendant's argument of mental disability is without merit, but the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and it is again decided as follows after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are "criminal facts" of the judgment below.