The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

278,826 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental and physical disorder by taking medicine due to depression.

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

2. Determination

A. According to the records of the judgment on the assertion of mental and physical disorder, it is recognized that the defendant used the medication, such as uneasiness, depression, damage accident, exchange rate, etc., due to repeated depression from May 2009 to the present time. However, even if the above medicine has been used for a long time due to side effects, it is insufficient to recognize that the defendant was in a state where the defendant had no or weak ability to distinguish things or make decisions at the time of the crime of this case, and there is no other evidence to acknowledge it, and in light of the circumstances, method, and the defendant's behavior before and after the crime of this case, it does not seem that the defendant's use of the above medication at the time of the crime of this case does not have reached a state where there is no or weak ability to discern things or make decisions. Thus, the above argument of the defendant is without merit.

B. Although the Defendant’s judgment on the assertion of unfair sentencing had the same career of having been sentenced seven times to imprisonment, and at the same time has committed the instant crime, there are unfavorable circumstances, such as the Defendant’s confession of the instant crime and the fact that the Defendant committed the instant crime in depth, and the health of the Defendant is not good due to repeated depression at present, and considering all of the sentencing conditions indicated in the instant records, such as the Defendant’s age, character and conduct, environment, health conditions, the background, means and consequence of the instant crime, and the circumstances after the instant crime, the sentence imposed by the lower court appears to be somewhat unreasonable. Thus, the Defendant’s above assertion is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, Article 364 of the Criminal Procedure Act is applicable.