1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disorder or mental disability due to mental disorder, such as stimulative disorder.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. According to the medical certificate of the Defendant as to the assertion of mental disorder and the written application of L of D Mental Health Specialists, the Defendant is found to have lacking the ability to discern things or make decisions due to the mental disorder of stimulative disorder at the time of the commission of the instant crime, in light of the following circumstances before and after the commission of the instant crime, the background leading up to the instant crime, the Defendant’s behavior at the time of the commission of the instant crime, etc., it is recognized that the Defendant had lacking the ability to discern things or make decisions due to the mental disorder of stimulative disorder at the time of the commission of the instant crime.

3. If so, the defendant's mental and physical argument 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 decision is rendered again through pleading

Criminal facts

The summary of facts and evidence admitted by this court is as follows, except for the addition of "the defendant has committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to mental illness, such as physical disorder, due to mental disorder, etc." to the first head of the crime of the court below, and therefore, it is identical to the corresponding column of the court below. Therefore, it is cited in accordance with Article 369 of the

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 10(2) and Article 55(1)3 of the Criminal Act for mitigation of mental or physical disabilities, the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of discretionary mitigation.