The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Each appraisal of the seized evidence under subparagraphs 1 through 4.

Summary of Grounds for Appeal

A. At the time of committing the instant crime, the Defendant was in a state of weak ability to discern things or make decisions due to stimulative disorder, etc.

The judgment of the court below is erroneous in the misapprehension of the defendant's condition.

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

Judgment

A. Determination on the assertion of mental disorder under Article 10 of the Criminal Act requires that mental disorder, such as mental illness or abnormal mental condition, other than mental disorder, caused by such mental disorder, lack or decrease in the ability to discern things or control action accordingly. Thus, even if a person with mental disorder was a person with normal mental disorder at the time of committing the crime, the mental disorder cannot be deemed a mental disorder if he/she had the ability to discern things and control action. Determination of mental disorder can be independently determined by the court, taking into account the degree and contents of mental disorder, motive and cause of the crime, the background and means of the crime, the method and form of the crime, the defendant's behavior before and after the crime, the existence and degree of memory about the situation before and after the crime, the investigation, and the attitude at the trial (see, e.g., Supreme Court Decision 2012Do12689, Jan. 24, 2013). According to the evidence duly adopted by the court below and this court, according to the evidence duly adopted the facts that the defendant was diagnosed and administered.

However, the following facts and circumstances acknowledged by the above evidence, namely, ① A, who recommended the Defendant to commit the instant crime, stated that the Defendant was satisfed by a person without any problem, and was unaware of the fact that the Defendant was suffering from the mental illness, e.g., bipolar disorder, ② The motive for committing the instant crime was for receiving USD 1,000 from B in return for receiving marijuana instead of marijuana, and ③ the Defendant’s proposal.