The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The sentencing of the lower court (two years of suspended sentence in October) is deemed to be too unhued and unfair.

2. Prior to the judgment on the argument of unfair sentencing by the prosecutor ex officio, the prosecutor applied for the amendment of an indictment to change “the victim’s face” from among the facts charged in the instant case to “the victim’s face is taken by gathering beerped cups” on the second trial day of the lower court, and the lower court omitted it while the subject of the judgment was changed upon permission by the lower court. Accordingly, the lower court was no longer maintained in this respect.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is so decided as follows.

[Dao-written judgment] The criminal facts and summary of evidence recognized by this court are deleted from "under the influence of alcohol" to "under the influence of alcohol" in the first sentence of criminal facts of the judgment of the court below, and the fifth sentence is the same as the corresponding column of the judgment of the court below, except where "the face of the victim is known" to "the face of the victim". Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As to the assertion of mental disorder between the Defendant and his defense counsel under Article 62(1) of the Criminal Act, the Defendant and his defense counsel asserted that the Defendant had a mental and physical state under the influence of alcohol.

According to the records, the records are examined.