The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

10,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. The facts charged in the instant case were of mental disorder or mental disorder by the Defendant’s crime committed in a state of mental disorder with severe mental disorder at the time of committing the crime.

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

2. First of all, according to the Defendant’s argument of mental disorder, according to the records of this case, it is reasonable to view that the Defendant was in a state that the Defendant had weak ability or decision-making ability to discern things due to an unidentified disorder, mental disorder, etc., the Defendant committed a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Special Robbery, Rape, etc.) in the state that he lacks the ability to discern things or make decisions due to emotional unstable personality disorder, etc., and was sentenced to imprisonment for five years at the Incheon District Court on August 19, 2005, and was sentenced to medical treatment and custody at the Incheon District Court. Considering the various circumstances such as the Defendant’s attitude leading to investigation after the arrest of the Defendant by the crime of this case and the circumstances after the operation of a dogmatic surgery, etc., the Defendant had weak ability or decision-making ability due to an unidentified disorder, etc. at the time of the crime of this case. Thus, the Defendant’s allegation of mental disorder is without merit.

3. According to the conclusion, the defendant's argument of mental disability is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered again

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The facts constituting the crime of the court below and the summary of the evidence are as follows: “The defendant lacks the ability to discern things or make decisions due to the uncertainty disorder, etc.” and evidence.