A defendant shall be punished by imprisonment for one year.

The Defendant alleged mental disorder was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

The sentence of the court below (one year and six months of imprisonment) against the defendant claiming unfair sentencing is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below, the defendant was found to have been salved and salved at the time of each of the crimes of this case. In light of such facts and the circumstances leading to the crime of this case, the means and manner thereof, and the circumstances before and after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions at the time of each of the crimes of this case, but it is recognized that the defendant had the weak ability under the influence of alcohol, so the defendant's mental and physical disorder

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for the addition of “the defendant committed any of the following crimes under the influence of alcohol, with weak mental and physical disorder,” following the 14th page of the judgment of the court below, and thus, it is identical to the corresponding column of the judgment of the court below. As such, it is cited as it is in accordance

Application of Statutes

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the crime (the point of injury by carrying a deadly weapon);

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which is heavier than that of concurrent crimes, shall be imposed;