A defendant shall be punished by imprisonment for one year.

A. Despite the fact that the defendant was in a state of mental disability due to the aggravation and drinking at the time of the crime of this case, the judgment of the court below is erroneous and adversely affected 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. First of all, the judgment of the defendant's mental disability claim is acknowledged as committing the crime in the following circumstances acknowledged by health stand-off and evidence, namely, ① in the Seoul Central District Court 2013 Man-Ma1089, the defendant was found to have weak ability or decision-making ability to discern things due to the symptoms of liver and alcohol dependence; ② in the case of this case, the defendant committed the crime with the degree of one illness in the state of suffering from liver, ③ in full view of the defendant's attitude and speech before and after the crime of this case, the defendant committed the crime in the state of lacking ability or decision-making ability to discern things due to the symptoms of liver and alcohol dependence; and the court below erred by failing to consider the state of mental and physical disability of the defendant, which affected the judgment.

3. According to the conclusion, the defendant's appeal is 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 assertion of unfair sentencing, and the following is again decided after pleading.

Criminal facts

The summary of facts and evidence admitted by this court is as follows: the defendant is not capable of discerning things or making decisions due to the symptoms of liverness and alcohol dependence.