The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized 쇠(35 cm in length) one (No. 1).

1. The summary of the grounds for appeal was in a state of mental disability due to depression, etc. at the time of the instant crime.

In addition, the sentencing of the court below (two years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor applied for changes in the indictment with respect to the name of the crime and the applicable provisions of law in the trial before the judgment on the grounds for ex officio appeal, and the judgment of the court below is no longer maintained as the case was approved by this court.

3. In full view of the evidence duly adopted and examined by the lower court as well as the statement in the appraisal statement in K and L preparation, the Defendant appears to have weak ability or decision-making ability to discern things due to the de facto disorder at the time of the instant case. Thus, the above assertion is accepted.

4. If so, the defendant's appeal is well-grounded, and there are grounds for reversal of authority above. Thus, without examining the defendant's argument of unfair sentencing, the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and the following is again decided after oral

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows: the first criminal facts and the defendant, except for inserting "in a situation where the ability to discern things or make decisions is lacking due to the improper disorder," are as stated in the corresponding column of the judgment of the court below; therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 278 of the Criminal Act, Article 276 (1) of the Criminal Act, and Article 276 (1) of the Criminal Act (the occupation of special confinement, and the choice of imprisonment) of the Criminal Act;

1. Legal mitigation under Article 10(2) and (1) of the Criminal Act, and Article 55(1)3 of the Criminal Act (person with mental disability)