The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (violation of law) was that the Defendant had no mental or physical loss due to the ability to recognize the purchase of protected films at the time of committing the crime.

2. On the grounds as indicated in the judgment below, the lower court, on the grounds as indicated in the judgment, was in a state of mental and physical loss with significant mental disorder in the ability to discern things or make decisions, because the overall recognition function, such as the accident function, understanding, and judgment ability, at the time

The decision was determined.

Examining the record, the decision of the court below is correct and there is no violation of the law on mental and physical disorder, which affected the conclusion of the judgment, since it is not possible to exclude the probability that the defendant would not have properly understood the meaning that he would pay the film for the protection of cell phone

3. The appeal by the prosecutor of conclusion is without merit.

Article 364 (4) of the Criminal Procedure Act is dismissed.