The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

A person who has filed an application for medical treatment and custody shall be punished.

The summary of the grounds for appeal is as follows: (a) Defendant 2 was suffering from mental illness at the time of committing the instant crime; (b) Defendant 2 was physically and mentally weak; and (c) Defendant 2 was in a state of mental and physical weakness.

The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

It is unfair that the sentence imposed by the prosecutor by the court below is too uneasible.

According to the statement of a mental health certificate prepared by M of the department of public health of the department of public health of the department of mental health of the department of public health of the department of mental health of the department of the department of mental health of the department of public health according to the entrustment of the examination of the party's deliberation for the argument of mental weakness, it can be recognized that the defendant was suffering from stimulative disorder, existing mental disorder, and that there was a lack of ability to discern things or make decisions at the time of committing the crime

The court below's decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant and the prosecutor's unfair argument of sentencing, and the following judgment is rendered after pleading. However, since the prosecutor filed a request for medical care and custody in the trial, it is also decided as well.

Criminal facts

The defendant of the second offense of the judgment of the court below in the crime of the court below added the phrase "as there is a stimulative disorder or a man suffering from existing symptoms of mental disorder, and thus lacks the ability to discern things or make decisions," the defendant of the second offense of the court below is the same as the corresponding column of the judgment of the court below, and thus, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

The Defendant is a person who committed an offense corresponding to imprisonment without prison labor or a heavier punishment in a state that he or she lacks the ability to discern things or make decisions due to a bipolartic disorder, existing mental disorder, etc., and needs to receive medical treatment at the treatment and custody facility, and repeats the offense.