The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental and physical loss or mental weakness because, for the purpose of treating mental illness, the Defendant was under a state of mental and physical weakness.

2) The sentence of the lower court (an amount of KRW 10 million) that is unfair in sentencing is excessively unreasonable.

B. The lower court’s sentence is excessively unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, the Defendant was receiving treatment due to other habits and shock disorder at the time of the instant crime.

However, in light of the circumstances leading up to the instant crime, the means and method of the crime, the circumstances before and after the crime, and the appearance of the accused revealed in the court, etc., the aforementioned facts alone were in a state that the Defendant did not have or lacks the ability to discern things or make decisions at the time of the

It does not appear.

We cannot accept the defendant's mental and physical loss or mental weakness.

B. The Defendant recognized and reflected the instant crime as to the wrongful argument of sentencing.

An accident vehicle is subscribed to a comprehensive mutual aid agreement for motor vehicles.

However, even though the Defendant was sentenced to a suspended sentence due to a violation of the Act on the Protection of Juveniles against Sexual Abuse, the Defendant committed the instant crime during the period of the suspended sentence, and the suspended sentence could have been revoked for committing a crime of violating the Act on the Protection of Juveniles against Sexual Abuse during the period of the said suspended sentence. However, the Defendant committed the instant crime again even though he was sentenced to a fine.

The Defendant did not agree with the victims.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is justified.