The judgment of the court below is reversed.

A defendant shall be punished by a fine of 400,000 won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal was that the Defendant was unable to commit the instant crime in a state of mental disorder after hearing the state of restitution, while suffering from mental illness such as tidal illness for a long time.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of his/her in-depth loss, the Defendant was hospitalized from around 2005 to receive a mental treatment including hospitalization, etc.; the Defendant complained of symptoms, such as summons, etc.; the Defendant had a record of having been sentenced to a disposition that he/she was not entitled to prosecution and a fine due to each of the assaults in the circumstances similar to the instant case around around 2016 and around 2018; and the Defendant assaulted the victim of his/her own site in a coffee shop.

However, on the other hand, the following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the defendant was under pain treatment at the time of committing the instant crime, and (ii) the defendant was under investigation by the police and made a relatively detailed statement at the time of committing the instant crime, and (iii) the disability grade table for the disabled (Article 2) of the Enforcement Rule of the Welfare Act (amended by Ordinance of the Ministry of Health and Welfare No. 628, Jun. 4, 2019) is classified as Grade 1 through Grade 3 in addition to the fact that the defendant is registered as a disabled person of Grade 3, the defendant does not seem to have reached the state of mental disorder beyond mental disability at the time of committing the instant crime.