The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Mental and physical disorder: The Defendant was in a state of mental disorder at the time of committing the instant crime.

B. Unreasonable sentencing: The sentence of the lower court (eight months of imprisonment) is too unreasonable.

2. First of all, according to the mental appraisal document prepared by the Director of the Public Medical Treatment and Custody Headquarters as to the assertion of mental disorder, the defendant is presumed to have been diagnosed as a prone scarcity in the present state while showing symptoms such as the current state of damage, disorder in real judgment, etc. as well as the present mental state at the time of the crime in this case. Considering the appraisal result and the situation before and after the crime in this case as indicated in the record, etc., even though the defendant was not in a state of loss of ability to discern things at the time of the crime in this case, it is recognized that there was a state of lacking ability due to a prone scarcity, and thus, in determining the punishment against the defendant, a reduction of mental and physical disability should be made in accordance with Article 10(2) of the Criminal Act.

The court below erred by misapprehending the legal principles.

3. As such, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act without a further determination as to the assertion of unfair sentencing, and the judgment below is rendered following arguments.

Criminal facts

The facts constituting the crime against the defendant, which is acknowledged as a party member, are all of the facts of the judgment of the court below, except for correcting the whole facts of the crime as stated in the corresponding column of the court below as follows, since the defendant was sentenced to eight months of imprisonment by the Seoul Southern District Court on September 8, 201 due to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and the execution of the sentence was completed by the net prison on March 4, 2012, and the person was in the state of lack of the ability or decision-making ability to discern things due to the usual anti-scopic injury, etc.