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 committing the instant crime, the Defendant was in a state of mental disability, with influence and depression.

B. The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment) is too unreasonable.

2. According to the records of the judgment on the claim of mental disability, the defendant is deemed to have been diagnosed by the depression of the middle-aged, etc. prior to the crime of this case, but in light of the background, means and methods of the crime of this case, the circumstances before and after the crime of this case, etc., the defendant seems to have weak ability to discern things or make decisions at the time of the crime of this case. Thus, the defendant's claim of mental and physical disability is rejected.

3. The Defendant’s prior visit the place where the instant crime was committed and prepared to commit the instant crime, such as setting up a plan to commit the instant crime, and re-offending only 13 days after parole.

However, in full view of the facts that the defendant led to the crime of this case, the fact that the crime of this case is committed in the attempted crime, and other various sentencing conditions shown in the records and arguments, such as the age and behavior environment of the defendant and the circumstances before and after the crime, it is deemed that the sentence of the court below against the defendant is somewhat inappropriate.

4. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 342, 331 (1), and 330 of the Criminal Act applicable to the facts constituting an offense;