The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the state that the Defendant has a weak capacity to discern things or make decisions.

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

2. The following circumstances revealed by the evidence duly adopted and examined in the judgment of the court below and the trial court. In other words, the defendant had been hospitalized after the examination of the Cho-dong disorder from around 2013 due to the depression, over-the-counter, crypology, and the network, etc. ② The doctor in charge of the mental diagnosis of the defendant showed that "the mental diagnosis of the defendant is a stimulative disorder, and shows mental symptoms, such as over-the-counter disorder, shock disorder, and deterioration of the ability to judge the reality, and it is believed that the defendant was in a state of mental disorder at the time of the crime in this case." ③ In full view of the past criminal records of the defendant, the background and attitudes that the defendant committed the crime in this case, and the circumstances after the crime, etc., the defendant was in a state of ability to discern things or make decisions that had weak ability to discern things due to stimulative disorder.

As the Defendant was in a state of mental disability at the time of committing the instant crime, the punishment may be mitigated pursuant to Article 10(2) of the Criminal Act for the said crime.

Nevertheless, the court below sentenced the defendant on the premise that the defendant is not in a state of mental disability, and the court below erred in failing to examine whether the defendant is in a state of mental disability mitigation.

3. The defendant's argument of mental disability is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the following is again decided after pleading.

【Reasons for the Judgment of the court below which has been written] The criminal facts and the summary of evidence are all criminal facts of the court below.