A defendant shall be punished by imprisonment for not more than ten months.

A. Although the Defendant was unable or weak to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. The evidence duly adopted and examined by the court below and the trial court, and the following facts or circumstances acknowledged by the records, namely, ① the defendant already went to the E main place in Suwon-gu, Suwon-gu, Suwon-si, under the influence of 1 soldier on the day of the instant crime. The defendant, at the above main place, divided five soldiers into one female and two soldiers after drinking her, ② the above main place and the victim of the instant crime interfering with the business, ② the defendant was under the influence of alcohol at the trial court, ③ the fact that it was impossible for the defendant to have a normal speech-making intent under the influence of alcohol at the time of the instant crime, ④ the defendant was under the influence of alcohol at the time of the instant crime, ④ the defendant was under the influence of alcohol at the time of the instant crime, and the fact that the defendant was under the lack of memory at the time of the instant crime, and thus, the defendant cannot have any ability to change or make decisions due to mental or physical disorder at the time of the instant crime (this part of the defendant’s assertion is without merit).

3. Accordingly, the defendant's mental and physical argument is partially reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered again

Criminal facts

The summary of the evidence and facts constituting the offense of the defendant and the evidence recognized by the court.