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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to the stimulative disorder, etc.
B. The punishment of the lower court (two years and six months of imprisonment) is too unreasonable.
2. Circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mental and physical weakness, namely, (i) the Defendant committed a crime under the circumstance that he/she committed an act of interference, etc. with his/her work under the influence of distinguishing things or having weak ability to make decisions due to a polar disorder; (ii) on April 3, 2015, the Defendant was sentenced to imprisonment for two years and six months, and a fine for three million won on March 26, 2017; and (iii) completed the execution of the above punishment on March 26, 2017 (the investigation records of the case 1871, the high group 1871 and the investigation records of the instant case were 52,132, and 138); and (iii) the Defendant committed each of the instant crimes on July 15, 2017, which was found to lack capacity to determine the quantity of dynamic disorder or mental disorder at the Han River Medical Foundation Hospital’s hospital at the time of each of the instant crimes.
Therefore, this part of the defendant's argument is justified.
3. As such, the defendant's mental and physical weakness are with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again ruled as follows.
【Grounds for another judgment] Criminal facts and summary of evidence recognized by this court and summary of the facts constituting the crime of the original judgment are as follows: “2017 senior group 1871 senior group, “2017 senior group 1928 senior group,” and “2017 senior group 2018 senior group,” among the facts constituting the crime of the original judgment, the respective defendants are subject to things due to stimulative disorder, etc.