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

2. Determination

A. We examine the defendant's grounds for appeal ex officio prior to the judgment.

B. Determination of whether and to what extent the mental and physical disorder provided for in Article 10(1) and (2) of the Criminal Act is not necessarily bound by the opinion of a specialized appraiser as a legal judgment, but can be independently determined by the court by taking into account all the circumstances such as the type and degree of the mental and physical disorder, motive and background of the crime, means and mode of the crime, the act of the defendant before and after the crime, and degree of reflectivity (see, e.g., Supreme Court Decision 94Do581, May 13, 1994). Thus, even if the defendant asserted unfair sentencing only in the grounds for appeal and did not assert any assertion as to the mental and physical disorder, the judgment of the court below that reduced the mental and physical disorder

(See Supreme Court Decision 98Do3812 delivered on January 26, 1999). C.

The lower court rendered a sentence of eight months imprisonment to the Defendant, by applying Articles 10(2) and 55(1)3 of the Criminal Act, on the ground that the Defendant committed the same crime as the facts charged in the instant case under the influence of alcohol, by deeming that the Defendant committed the same crime as the facts charged.

However, the following circumstances revealed by the record, i.e., (i) the Defendant made a statement at an investigative agency, (ii) the Defendant made a relatively accurate statement about the situation before and after the occurrence of the case, the situation before and after the occurrence of the case, and the occurrence of the case, and (iii) the Defendant made a relatively accurate statement about the situation before and after the occurrence of the case, and (iv) the lower court’s first, the Defendant did not have memory easily, and after checking the message of the Mesens sent by the victim later.