The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (two years of the suspension of the execution of six months, the observation of protection, and the community service hours) on the gist of the grounds of appeal is too unreasonable.

2. According to the evidence examined by the court below, it can be acknowledged that the defendant was diagnosed as a chronic disorder, etc. due to symptoms such as excessive accidents and apprehensions after the instant case.

In addition, comprehensively taking account of the Defendant’s past criminal act, the contents of the instant criminal act, the process of investigation, and the details and attitude of the Defendant’s statement in the court, the Defendant had weak ability to discern things or make decisions due to the extreme disorder at the time of the instant criminal act.

may be seen.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the defendant's improper assertion of sentencing, and it is again decided after pleading.

[Re-written judgment] The first head of the criminal history column of the lower court’s judgment on the summary of criminal facts and evidence is a person who lacks the ability to discern things or make decisions due to stimulative disorder, etc.

Except for the addition of “,” the same as the corresponding column of the lower judgment.

Application of Statutes

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with the reason for sentencing of sentencing, in light of Article 62-2(1) of the Criminal Act, Article 2-3 subparag. 1, and Article 44-2(1) of the Medical Care, Custody, etc. Act (the defendant is a mentally and physically disabled person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, and needs to receive a outpatient treatment for mental disorders caused by a stimulative disorder, etc., and the details and contents of the instant crime, and the record of the instant crime, etc., the risk of recidivism is recognized).