The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. A. The Defendant was in a state of mental disability at the time of committing the instant crime as a patient dependent on dived.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. According to the statement on the defendant of the Medical Treatment and Custody Director by a request for mental appraisal of this court, the defendant is in a state of abuse of drugs due to dys, etc. to the extent that it may interfere with daily life, and it is presumed that the decision-making ability has been deteriorated at the time of committing the instant crime.

Further, considering the motive, process, means and mode of the instant crime, the Defendant’s behavior before and after the commission of the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court and the lower court, the fact that at the time of the instant crime, the Defendant had a weak ability to discern things or make decisions due to abuse of drugs and drinking, can be sufficiently recognized.

Therefore, the defendant's argument of mental disability is justified.

3. If so, the defendant's appeal is reasonable. Thus, without examining the defendant's argument of unfair sentencing, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again through pleading

Criminal facts

The facts constituting a crime acknowledged by this court are as stated in the corresponding column of the judgment of the court below, except for adding "in a state where the defendant lacks the ability to discern things or make decisions due to the abuse and taking of drugs" to the first head of the judgment of the court below (criminal facts). Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The defendant's oral statement in court;

1. The original legal statement of witness D in the court below

1. Statement by the prosecution concerning D;

1. A mental appraisal report prepared by the director of the medical treatment and custody center;

1. Photographs (fields, etc.);

1. Previouss before judgment: Criminal records, etc., inquiry reports and individual;