A defendant shall be punished by imprisonment for one year.

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court (one year and six months) is too unreasonable in light of the fact that the criminal defendant committed a contingent crime and is in profoundly against his depth.

2. Determination

A. Before the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the prosecutor applied for changes to the name of the crime of this case to "special injury" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and since the court permitted this and changed to the subject of the judgment, the judgment of the court below is no longer maintained.

On the other hand, the defendant's argument about the above mental disorder is still subject to the judgment of this court, even if there is a ground for reversal of authority above.

B. Although the Defendant was somewhat drunk at the time of committing the instant crime, considering the background, process of the instant crime, and the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant had no or weak ability to discern things due to such circumstance, and thus, the Defendant’s mental and physical disorder allegation is without merit.

3. Thus, 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, and the judgment below is ruled as follows through pleading.

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.