The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. In light of the legal principles, the court below erred by misapprehending the legal principles on mental and physical disability, which affected the conclusion of the judgment, although the defendant was in a state of mental and physical disability due to depression and mental depression at the time of the crime of this case.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding legal principles, the mental disorder as stipulated in Article 10 of the Criminal Act is a biological element, and it needs to be judged that there is a mental disorder, such as mental disorder or abnormal mental condition, which is a psychological element, lacks or reduced in the ability to distinguish things, and accordingly, the mental disorder cannot be viewed as a mental disorder, even if a person with mental disorder is a person with normal mental disorder at the time of committing the crime, if he/she had normal ability to distinguish things or control action.

(See Supreme Court Decisions 92Do1425 delivered on August 18, 1992, 2006Do7900 delivered on February 8, 2007, etc.). At the time of police and prosecutorial investigation, the Defendant stated that the crime of this case was old, and thus, the Defendant cannot memory itself at the time of the crime. However, according to the victim D’s statement [in-house investigation report (in-house investigation report) bound on the 22 pages of the evidence record], the Defendant entered the house of the above victim, followed the victim’s house, asked the victim where money or money was money, and asked where the victim was money or money, etc. at the time of the above act. The Defendant’s behavior before and after the crime of this case was committed.