The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was found to have been under the influence of drinking in the house of the victim D who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

Although the defendant did not have the ability to discern things or make decisions, he is deemed to have committed the crime of this case under weak conditions.

Therefore, the defendant's assertion pointing this out is justified.

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 summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column, except for adding “the defendant is under the state that the defendant lacks the ability to discern things or make decisions by drinking” to the first head of the crime of the court below. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, the choice of imprisonment with prison labor for the crime of injury;

1. The Criminal Act among repeated crimes;