The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental disorder caused by military shock during the period of birth, etc., and even though the lower court asserted as above, the lower court did not err in its judgment.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the argument of mental disorder and omission of judgment, the defendant and his defense counsel at the court below held that at the time of this case, the defendant had a mental and physical loss or mental weakness due to mental disorder caused by military shock during military register during the period of birth.

The argument was asserted.

This constitutes a statement of fact that constitutes the grounds for legal reduction or exemption of punishment under Article 323(2) of the Criminal Procedure Act, and thus, the lower court erred by omitting the judgment despite having stated it, and accordingly, the Defendant 1’s allegation pointing this out is with merit.

However, according to the records, at the time of being sentenced to nine months imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Seoul Central District Court 2012 Godan3146 on September 25, 2012, the defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was committed by the Seoul Central District Court 2012 Godan3146 on September 25, 2012, and on September 24, 2014, all of the defendants were sentenced to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, Act No. 2014 Godan4536 on September 24, 2014.

In view of the fact that mental and physical mitigation was granted, it is deemed that there is no or weak ability or decision-making ability to discern things at the time of the instant crime in light of the background and method of the instant crime, the circumstances after the instant crime, and the date of the commencement of treatment (after being detained as the instant crime).