The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. In the event of the instant case, the Defendant committed the instant crime with mental or physical loss or mental weakness due to depression at the time of the instant case.

B. The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. In the trial of the court, the prosecutor of the judgment ex officio requested the defendant to change the name of the crime against the defendant "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special injury", and the applicable legal provision "Article 3 (1), 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" to "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act", and since this court's permission was changed to the subject of the judgment, the judgment of the court below is no longer maintained.

B. The Defendant was deemed to have been under medical treatment due to depression, etc. at the time of the instant case. However, in light of the background, means and methods leading up to the instant crime, and the circumstances before and after the instant crime, etc., the Defendant was in a state of having no or weak ability to discern things or make decisions due to mental illness due to depression, etc.

shall not be deemed to exist.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing since the defendant's mental and physical loss or mental weakness is without merit, and the court below's decision is reversed and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 (1) and (2) of the Criminal Act concerning the facts constituting an offense;