The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1-1 shall be confiscated.

1. Summary of grounds for appeal;

A. At the time of committing the crime of mental and physical weakness, the mental and physical weakness of impulse impulse was in a state of mental and physical weakness.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment, confiscation) is too unreasonable.

2. Determination:

A. Prior to the judgment on the Defendant’s argument on the grounds of appeal ex officio, in the first instance trial, the prosecutor applied the applicable law to change the name of the offense to “Article 2(1)3 of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act” as “Article 351 and Article 350(1) of the Criminal Act,” respectively, and the judgment of the court below is impossible to maintain as it is, since the same is changed by the court’s permission.

However, the defendant's argument about mental and physical weakness is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. The phenomenon where a crime was committed due to his/her failure to suppress his/her impulse of judgment on the assertion of mental and physical weakness is likely to be found even to the normal person. Barring special circumstances, barring special circumstances, it cannot be deemed that a person who has such character defect requires acts that cannot be expected to restrain his/her impulse and to demand compliance with the law, and thus, it is reasonable to deem that the defect, such as the disorder, does not constitute a mental and physical disorder, which is the reason for reduction or exemption of punishment, in principle.

However, even if a defect of the same nature as a shock disorder is so serious that it can be assessed to be equal to a person who has a mental disorder within its original meaning, the crime resulting therefrom shall be deemed to be an offense caused by mental disorder (see Supreme Court Decision 2010Do14512, Feb. 10, 201, etc.). In light of the records, the defendant was examined about the instant case.