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

A. At the time of the instant crime, the Defendant was a Grade 3 intellectual disability, and was drunk and was in a state of mental disability.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. The following facts and circumstances acknowledged by the evidence duly adopted and investigated in the court below's determination as to the claim of mental retardation are as follows: ① the defendant is sentenced to imprisonment for ten months due to the mentally handicapped person; ② the defendant is sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Crime, etc.) around April 209; ② the defendant was under medical treatment and custody disposition and treatment; ② the defendant was sentenced to imprisonment for one year and suspension of execution on June 2008 due to the violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) and the mental retardation at the time of the crime; ③ the defendant was unable to drink and drink at the time of the crime; and ③ the defendant was under the influence of drinking alcohol at the time of the crime; and ③ the defendant was under the influence of drinking alcohol at the time of the first-aid squad; and the defendant was under the influence of drinking alcohol at the time of the crime; and the defendant's mental retardation at the time of the crime was under the influence of the victim.

3. If so, 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 argument of unfair sentencing, and it is again decided as follows.

Criminal facts

The accused recognized by this Court as the summary of the evidence and evidence.