The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state that he lacks the ability to discern things or make decisions by means of a mental fission, etc.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. In full view of the following facts: (a) the Defendant’s intelligence index (I Q) was confirmed to have been 75 as a result of the intelligence test conducted at Chuncheon National Hospital around 2008; (b) the Defendant was registered as a disabled person of Grade II with a mental disorder of around 2, 2012, which was diagnosed with a mental disorder at the boundary line level; (c) the record that the Defendant continuously received treatment due to mental fission, etc.; (d) the post and after the instant crime; (e) details and methods of the crime; (e) the details of the crime; (e) the Defendant’s criminal history; and (e) the Defendant’s criminal history and circumstances after the crime, etc. at the time of the instant crime, the Defendant was in a state of lacking the ability to reasonably determine whether the Defendant had the ability or ability to control his/her behavior by determining whether he/she had any mental

may be appointed by a person.

Therefore, the defendant's mental and physical weak argument is justified.

3. The judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the above grounds for appeal, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant suffers from mental illness, such as mental fissionation, and the degree of injury.