The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A person who applies for a medical care and custody shall be punished.

1. Summary of grounds for appeal;

A. The mentally and physically weak Defendant and the victim of the medical care and custody (hereinafter “Defendant”) were mentally disabled persons of Grade III due to early illness, and had weak ability to discern things or make decisions at the time of committing the instant crime.

Therefore, the judgment of the court below which did not recognize the defendant as a mental and physical penalty is erroneous by misapprehending the facts concerning mental and physical penalty or by misapprehending the legal principles.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the court, the Defendant had the ability to discern things or make decisions due to a mental disorder caused by Cho Jae-in’s illness at the time of the instant crime.

Recognized.

Nevertheless, the judgment of the court below which determined the defendant's punishment without reducing mental and physical weakness is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles as to mental and physical weakness.

Therefore, the defendant's argument about mental and physical weakness is justified.

A. Defendant’s mental illness 1) After having divorced around 1997, the Defendant was given medical treatment from May 27, 2002 by a member of the IG in Kim Jong-si.

2) The Defendant: (a) was suffering from symptoms, and was hospitalized at the J hospital from April 13, 2006 to June 24, 2010, and was hospitalized at the K hospital from June 24, 2010, but was hospitalized at the K hospital on October 27, 201, but was hospitalized at the K hospital, but did not go through the escape from the island, and instead resided at the mother of the Defendant who was present Kim Jong-si.

3) Although the Defendant continued to have been fluent disease, the Defendant refused to recover from early childhood medicine, and her mother puts drugs in food.

In doubt, her mother is not able to eating quasi-food.

If the defendant's leakage or the defendant gets a mental hospital or bring a drug to the defendant, the defendant is made verbal abuse.