The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Summary of Grounds for Appeal

When committing the instant crime, the Defendant was in a state that he lacks the ability to discern things or make decisions due to intellectual functional disorder, mental divided disease, etc.

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

The following circumstances revealed in the judgment of the court below as to the claim of mental disability and the evidence legitimately adopted and examined by this court, i.e., the defendant received a mental appraisal from the Public Medical Treatment and Custody Center of the Ministry of Justice on May 13, 2010 to the effect that the defendant is in a state of mental disability due to the speculative function disorder and mental division disorder and mental division disease at I Q 50 at the Public Medical Treatment and Custody Center of the Ministry of Justice on May 13, 2010, and ② the defendant was mitigated from each of the above cases in Gwangju District Court Decision 2010No259 decided June 22, 2010 and the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. of Commercial Sex Acts (compacting, etc.) committed on July 26, 2012, and ③ there is a difference between each of the above judgments and each of the crimes in this case. However, in light of the defendant's statement and attitude in this court, it is difficult to view that the defendant was a mental disability.

Thus, the defendant's argument of mental disability is reasonable. Thus, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is added to the first head of the facts charged, "the defendant was in a state of falling short of the ability to discern things or make decisions due to the intellectual disorder or the mental fission at the time of each of the following crimes." The summary of the evidence is 1. The Ministry of Justice in the summary of the evidence.