The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. Mental and physical weakness: At the time of committing an offense, he was in a state of mental and physical weakness by drinking alcohol;

B. Improper sentencing: The sentence of the lower court (three years of imprisonment) is too heavy.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the evidence adopted and examined by the court below, the defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and robbery at the main branch of the Chuncheon District Court on November 19, 2009, and completed the execution of the sentence on September 27, 2012, and within three years thereafter, it can be recognized that the crime of this case was committed. The crime of robbery and quasi-special robbery of this case constitute a "specific violent crime" under Article 2 (1) 5 of the Act on Special Cases concerning the Punishment of Specific Crimes. The court below erred in the misapprehension of the judgment of the court below since the prosecutor stated only Article 35 of the Criminal Act under Article 35 of the Criminal Act under the Act on the Aggravated Punishment, etc. of Specific Robbery of this case as a repeated crime under Article 35 of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes (see, e.g., Supreme Court Decision 2004Da55454, May 254, 2004).

However, the defendant's argument of mental and physical weakness is still subject to the judgment of the court of our country.

3. We examine whether the Defendant was in a state of mental and physical weakness at the time of committing the instant crime, since the Defendant’s ground of appeal, excluding unfair sentencing, is still subject to the adjudication of our court, even if there exists a ground of reversal ex officio prior to the judgment of the court below regarding whether

Even if the defendant drank a certain degree of alcohol at the time of the crime, the defendant runs away after being able to commit the crime.