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. At the time of the instant crime, the Defendant had weak mental capacity to discern things or make decisions due to mental illness.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Before determining the reasoning of the Defendant’s appeal ex officio, prior to the judgment on the grounds of the Defendant’s ex officio, the Prosecutor applied the name of the crime to “special injury” as “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” under Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act “Article 258-2(1) and Article 257(1) of the Criminal Act” in “Article 258-2(1) of the Criminal Act and Article 257(1) of the same Act,” and the lower court’s judgment was no longer maintained as the subject of the judgment was changed by permitting it.

However, the defendant and his defense counsel's mental and physical weakness are still subject to the judgment of this court, and this is examined as follows.

B. In full view of the evidence duly adopted and examined by the court below and the court below as to the assertion of mental and physical weakness, the background of the crime of this case, and the circumstances after the crime, etc., the defendant can be deemed to have weak ability or decision-making ability to discern things due to a man or injury with mental symptoms, such as summons and net symptoms, at the time of the crime of this case. Thus, the defendant and his defense counsel's mental and physical weakness assertion are with merit.

3. If so, the defendant's appeal is reasonable and there are grounds for reversal ex officio as above. Thus, without examining the defendant's and his defense counsel's unfair argument about the sentencing, the judgment below is reversed pursuant to Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment below is again ruled after pleading as follows.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.