The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. In light of the following: (a) the gist of the grounds for appeal is the confession and reflect of the defendant; (b) the defendant is a mentally handicapped person in the third degree; and (c) the case is due to the mental illness of the defendant and the defendant requires continuous mental treatment; and (d) the economic situation of the defendant is not good, the punishment (six months of imprisonment) sentenced by the court below is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing regarding mental and physical disorder ex officio, the record reveals that the Defendant suffered from the mental disorder and the non-specific mental disorder, which occurred from May 201, and received mental and medical treatment from around October 2011. In full view of the content of the instant crime, it is recognized that the Defendant committed the instant crime under the lack of the ability or decision-making capacity to discern things, and that the Defendant committed the instant crime under the lack of capacity or decision-making capacity.

Nevertheless, in determining punishment, the lower court committed a mistake that does not reduce mental and physical disability, and this constitutes a case that affected the judgment, and thus, the lower court cannot be exempted from reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the court below's judgment excluding the compensation order part among the court below's decision is reversed, and the following decision is delivered through

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by the court is as stated in each corresponding column of the judgment below, except for the case where the defendant added "the defendant lacks the ability to discern things or make decisions due to a sclimatic fission" after the first head of the facts constituting the crime of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.