The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disability as a mental disorder.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. In full view of the fact that the defendant has a history of having received 19 times or more from comploitable mental disorder, and the record shows that the defendant was in a contingent crime without any reasonable motive, and that consistency and rationality are considerably lacking in the police and the statement in the court concerning the circumstances of the crime of the defendant, etc., the defendant is deemed to have committed the crime of this case under the condition that the defendant has a lack of ability to discern things or make decisions due to mental disorder.

Therefore, the judgment of the court below is erroneous in that it affected the conclusion of the judgment by imposing the defendant's mental and physical condition at the time of crime.

3. According to the conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.

Criminal facts

The criminal facts recognized by this court and the summary of the evidence are the facts constituting the crime of the original judgment, each of the following facts constituting the crime of the original judgment, and each of the following facts constituting the crime is cited as it is in accordance with Article 369 of the Criminal Procedure Act, since it is the same as the corresponding columns except for addition, in a state that "the defendant has the ability to discern things or make decisions due to editing mental division."

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 141(1) and 136(1) of the Criminal Act that apply to the crime, and the choice of punishment, respectively;

1. Mitigation of mental disorders and injuries under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution;