The judgment of the court below is reversed.

The sentence against the accused shall be 2,500,000 won.

Defendant. A fine.

1. Summary of grounds for appeal;

A. The Defendant was suffering from editing and maternity illness at Grade III mental disorders, and at the time of the instant crime, the Defendant was in a state of mental disability at the time of committing the instant crime.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. On the part of the defendant's assertion of mental disability

In light of each opinion showing that the Defendant had been hospitalized for a long time due to mental illness, such as editing, on-site illness, and mental division, and in light of the confirmation of hospitalization and discharge, the background leading to the instant crime, the method and method of the instant crime, and the circumstances before and after the instant crime, it is determined that the Defendant had a weak ability to discern things or make decisions at the time of the instant crime due to mental illness.

3. If so, without examining the defendant's assertion of unfair sentencing, the decision of the court below under Article 364 (6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: (a) except for adding "the defendant has a lack of the ability to discern things or make decisions due to mental illness, such as compilation, reproduction, and mental division," to the first head of the facts of the crime, the summary of the facts of the crime and the evidence is the same as the corresponding column of the judgment of the court below; and (b) therefore, it is cited as

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The sentence identical to the order of the defendant shall be determined in consideration of the mental capacity of the defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the period of detention in this case, the intent of the victim's punishment, the criminal records of the defendant;