The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

The excessive one (No. 1) seized shall be confiscated.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to the emotional disorder.

Nevertheless, the court below did not apply the reduction of mental disability to the defendant, which is illegal.

B. The sentence imposed by the lower court on the Defendant (seven years of imprisonment, etc.) is too unreasonable.

2. Determination as to the claim of mental disability provides, “The act of a person who has no ability to discern things or has no ability to make a decision due to mental disorder shall not be punishable.” Article 10(1) of the former Criminal Act provides, “The act of a person who, due to mental disorder, has the ability to discern things due to mental disorder shall be mitigated.” Article 10(2) of the same Act provides, “The act of a person who, due to mental disorder, has the ability to discern things due to mental disorder shall be mitigated.” The mental disorder stipulated in this context is a biological factor other than mental disorder such as mental disorder, mental drugs, or abnormal mental condition, and it is necessary to determine that the mental disorder lacks or has reduced the ability to control action accordingly. Thus, even if a person with mental disorder was a person with mental disorder, it cannot be deemed that there is a normal ability to distinguish things at the time of the crime, or control action. However, in the case of a mental disorder such as mental disorder, it is often related to the act of mental disorder 19.2.