The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically in a state of mental and physical weakness.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. According to the evidence examined by the court below as to the assertion of mental or physical disorder, the defendant had been hospitalized several times by editing illness, such as showing symptoms and symptoms of the deceased, etc., and even after the crime of this case, the court below acknowledged the fact that the defendant received treatment by editing illness at the hospital after the crime of this case.

In addition, in full view of the defendant's investigation process and the statement contents and attitude in the court, the defendant had weak ability to discern things or make decisions due to editing illness at the time of the crime of this case.

may be seen.

3. The Defendant’s argument about mental and physical disorder is with merit within the scope of recognizing mental and physical weakness. Thus, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the unfair argument about sentencing, and the judgment is rendered again after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court is not sufficient to distinguish things due to the following editing illness, etc. in the first head of the judgment below / [criminal facts]

Except for the addition of “,” the relevant column of the lower judgment is as the same.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Not more than five years of imprisonment with prison labor within the scope of punishment by law;

2. The scope of the recommended punishment according to the sentencing criteria [the type of violent crimes].

3. Assaults: Habitual 6 types, repeated crimes, special assault (special sentencing factors) - mitigated factors: mental and physical weakness (in person).