The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. In light of the legal principles, the disposition that was classified as the subject of social work personnel call-up by the Military Manpower Administration to the Defendant is unlawful (hereinafter “instant disposition”).

B. The Defendant was in a state of weak ability to distinguish things or make decisions due to mental problems, such as falling into the game at the time of stopping the instant crime.

C. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. The materials submitted by the Defendant to determine the misapprehension of the legal doctrine alone are insufficient to recognize the instant disposition as unlawful, and there is no other evidence to acknowledge otherwise.

In addition, even if there is a defect in the establishment of an administrative disposition once it is established due to the fairness or the effect of the elements of the administrative disposition, it shall be recognized as effective until it is revoked ex officio by the competent agency or revoked from the litigation procedure, except in cases where the defect is serious or clear, and thus, it shall be binding upon the private person or other state agencies based on their own decision basis or composition by respecting the existence and contents of the administrative act.

Even if the disposition of this case is unlawful, unless there are circumstances to recognize that the disposition of this case was revoked through administrative litigation, etc., this court cannot deny its validity by judging the illegality of the administrative disposition as a preliminary issue.

Therefore, the defendant's above assertion is without merit.

B. According to the evidence duly admitted and examined in the lower court’s determination as to the claim of mental disability, the Defendant received treatment due to an unidentified habit and shock disorder prior to the instant crime, etc., and the Defendant is deemed to have received treatment due to a serious depression after the instant crime, but the circumstances before and after the instant crime were committed.