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

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

A. The Defendant was under the influence of alcohol addiction, and was in a state of mental disability at the time of committing the instant crime.

B. The sentence imposed by the lower court on the Defendant (one month of imprisonment, etc.) is too unreasonable.

2. Determination on the grounds for appeal

A. A. We examine the determination of mental and physical disability, and examine the evidence legitimately adopted and examined by the court below. In other words, the following circumstances can be acknowledged by comprehensively taking account of ① the circumstance before and after the defendant her drinking alcohol and 119 declaration at an investigative agency and made a minor statement about the situation before and after the defendant threatened with a rescue team member. ② Even though the defendant was in a state of excessive drinking at the time of the crime in this case, Article 10(3) of the Criminal Act does not apply to the act of a person who predicted danger and caused a child's mental and physical disability. This provision includes not only the free act in the cause but also the act in the cause of negligence, and even if it was possible to predict the occurrence of danger, it appears that the defendant had the ability to repeat and punish the crime in this case under Article 10(3) of the Criminal Act, and therefore, it appears that the crime in this case was committed under the same state of mental and physical disorder, and thus, it appears that the defendant was punished under the same influence of the crime in this case (see Supreme Court Decision 2005Do6758, supra.