A defendant shall be punished by imprisonment for not less than three months.

A. The Defendant, as a patient suffering from alcohol alcohol, was at the time of each of the instant crimes, and was in a state of mental disorder or mental disorder at the time of the instant crime, the lower court did not consider it

B. The lower court’s four-month sentence of imprisonment imposed on the Defendant is too unreasonable.

2. The following facts can be acknowledged according to the record of judgment on the assertion of mental or physical disorder.

After receiving the diagnosis from the S Hospital in 2008, the Defendant was receiving the diagnosis from the alcohol dependence on the military, and had been attending the above hospital and receiving treatment.

After the crime of this case, the judgment of the court below was rendered and detained.

The defendant's main point is that it is difficult for the defendant to refuse the exchange of drinking alcohol.

From around 2008, the Defendant repeatedly committed the same crime as the instant case, and on August 24, 2010, the judgment rendered in the Gyeyang Branch of the Suwon District Court (2010 Highest 703, 730, 807(combined)) was deemed to have committed a non-refiscing crime like the instant case in a state of mental disorder due to the symptoms and liverment of alcohol content.

In light of these facts, the Defendant appears to have committed each of the crimes in this case in a state that the Defendant lacks the ability to discern things or make decisions due to the proof of alcohol existence, etc.

The lower court erred by misapprehending the legal doctrine without considering the mental and physical condition of the Defendant.

3. The defendant's argument about the mental and physical disability is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the argument on unfair sentencing, and the following decision is again rendered.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows: [2013 Highest 2692], [2013 Highest 6044], and [2013 Highest 6755], the first head of each crime is as follows.