The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

(b) the defendant;

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) were in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

(2) The lower court’s sentencing (three years of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination on the part of the defendant's case

A. According to the record as to the defendant's mental and physical argument, it is recognized that the defendant was a drinking state at the time of the crime of this case, but this does not seem to have reached a state of mental and physical disability.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant’s confession of the instant crime is a reason for favorable consideration to the sentencing of the Defendant.

However, in light of the fact that the crime of this case was committed by the Defendant, while drinking alcohol at the main point in the Defendant’s operation, and the nature of the crime is not very good as the case of taking advantage of the victim’s property, the Defendant did not take any measures to recover any damage up to now, and the Defendant has been punished several times due to the indecent act by force, special robbery, etc., and in particular, the Defendant committed each specific violent crime of this case within three years after the execution of imprisonment was completed due to specific violent crimes, the sentencing of the lower court is too unreasonable.

3. The determination of the part of the attachment order case shall be deemed to have filed an appeal regarding the case subject to the attachment order under Article 9 (8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders by filing an appeal against the prosecuted case, but the grounds for appeal by the prosecutor or the petition of appeal shall not be stated in the grounds for appeal.

4. Accordingly, the prosecutor's appeal of unfair sentencing is justified, and the part of the judgment below on the defendant's case is reversed under Article 364 (6) of the Criminal Procedure Act.