A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

At the time of committing the instant crime, the Defendant was under the influence of alcohol so as to have weak or lost the ability to discern things or make decisions.

The sentence of unfair sentencing (one year of imprisonment) by the court below is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it is difficult to recognize that the Defendant was in a state where the Defendant was in a state of drinking alcohol to a certain extent at the time of committing the instant crime, in light of the background leading up to the instant crime, the method and method of the crime, and the circumstances after committing the crime, etc., it is difficult to recognize that the Defendant was in a state where the right to

This part of the defendant's assertion is without merit.

The fact that the defendant was punished as a fine for the same crime, and that he did not agree with the victim is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant appears to have caused the instant crime by drinking alcohol by contingency; (b) the Defendant has no record of punishment heavier than the suspension of execution; (c) the Defendant led to the confession of the instant crime and his mistake in depth; (d) the Defendant deposited KRW 700,000 for the recovery of damage; (b) the Defendant’s livelihood is supported by his family members in an economically difficult situation; and (c) other factors of sentencing, such as the Defendant’s age, character and behavior, environment, details of the instant crime, and circumstances after the instant crime, etc., the sentence of the lower court is too unreasonable.

This part of the defendant's argument is justified.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The judgment of the court below on the criminal facts and the summary of the evidence against the defendant recognized by this court.