The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disorder, where it is difficult for the Defendant to control the appraisal or impulse of fat, etc. due to mental illness, such as cerebral dys, suffered from from from around 1977.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The phenomenon where a person commits a crime because he/she was unable to suppress his/her impulse of judgment on the claim of mental disability is likely to find out even from a normal person. Barring special circumstances, it cannot be deemed that a person who has such character defect requires an act that cannot be expected to restrain his/her impulse and to demand compliance with the law, barring special circumstances, and thus, the defect of nature, such as shock disorder, does not constitute a mental disorder, which is the cause of reduction or exemption of punishment, in principle.

However, even if a defect of the same nature as a shock disorder is seriously serious, if it can be assessed to be equal to a person who has a mental disorder within the original meaning, the crime caused by such defect shall be deemed to be a crime caused by mental disorder.

(see, e.g., Supreme Court Decision 2010Do14512, Feb. 10, 201). According to the records, the Defendant had been suffering from 1977 due to cerebral cerebral cerebral typhism, and there is a doubt that cerebral typhism has been suspected, and cerebral typhism has been generated five times due to cerebral typhism in a month, and the fact that he/she has continuously been subject to pharmacologic treatment is recognized.

However, in light of the Defendant’s speech and the method of committing the instant crime, it appears that the Defendant had never been created due to cerebral cerebral tyption to the Defendant at the time of the commission of the instant crime, and that the Defendant appears to have been able to take place in substitution with the surrounding persons other than punishment on two occasions, and the motive of committing the instant crime, the act of the Defendant before and after the commission of the crime, and the circumstances after the commission of the crime.