The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The Defendant had been hospitalized in a mental hospital several times after having been diagnosed that he had been deadly ill, and was hospitalized in the mental hospital. The instant crime also committed the instant crime under the state of mental and physical weakness.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. First of all, according to the Defendant’s argument on mental and physical weakness, and the evidence duly adopted and examined by the lower court, the Defendant had been hospitalized, discharged, and treated in Chuncheon National Mental Hospital, etc., and the Defendant was hospitalized in the I Hospital located in Songpa-gu Seoul Metropolitan Government on August 9, 2016, following the instant crime, and the written diagnosis prepared by the I Hospital’s JJ at the time, appears to be “defeasible, uneasible, suicide, and aggressive conduct.”

In light of the facts stated in the judgment below, the Defendant, at the time of the instant crime, was in a state where the Defendant had weak ability to discern things or make decisions on the ability to discern things due to the tide of the victim and the corridor on the ground that the victim and the corridor met with the victim. In full view of various circumstances such as the circumstances after the Defendant committed the instant crime, the Defendant was in a state where the Defendant, at the time of the instant crime, was in a state of lacking the ability to discern things or make decisions.

Since it is reasonable to see that the defendant's mental and physical weakness is reasonable.

3. According to the conclusion, the defendant's mental and physical weakness are with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and the following is ruled again after pleading

[Re-written judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are all criminal facts of the judgment below, and the defendant has the ability or will to discern things from the judgment below.