The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of weak ability to discern things or make decisions due to stimulative disorder.

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

2. According to the records of this case as to the claim of mental retardation, although the defendant suffered from a stimulative disorder for more than 10 years and needs continuous medical treatment, it seems that he continued drinking without using the mental and medical substance properly at the time of the crime of this case. In light of the details and contents of the crime of this case and the circumstances after the crime, etc., the defendant can be deemed to have committed the crime of this case under the state that he lacks the ability to discern things or make decisions due to stimulative disorder, so the defendant's assertion of mental and physical disability pointing this out is with merit.

3. As such, the defendant's argument of mental disability 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 it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for adding "the defendant has committed the following crimes in the state that he lacks the ability to discern things or make decisions due to stimulative disorder" to the first head of the judgment of the court below, since it is the same as the statement in each corresponding column of the judgment of the court below, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Articles 285 and 283(1) of the Criminal Act, Article 141(1) of the Criminal Act, Article 31 of the Criminal Act, Article 347(1) of the choice of criminal facts, the choice of punishment (Fraud), Article 31 of the Criminal Act, Article 31 of the Criminal Act,