The judgment of the court below is reversed.

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

A seized kitchen (No. 1) shall be confiscated.

1. The summary of the grounds for appeal (legal scenarios and unreasonable sentencing) at the time of the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. As to the assertion of misapprehension of legal principles, it is deemed that the Defendant committed the instant crime in the state of lacking decision-making capacity in light of the Defendant’s intent or behavior prior to the instant crime, such as the following: (a) the Defendant was in a considerable amount of drinking alcohol; (b) the Defendant was unable to find reasonable grounds to use a deadly weapon in light of the circumstances at the time of the instant case; (c) the attending order and the community service order due to the previous crime were faithfully implemented and completed the execution thereof; and (d) other circumstances indicated in the instant records and arguments, such as the motive and means of the instant crime, the Defendant’s behavior before and after the instant crime, and the degree of reflection, were considered to have weak ability to distinguish things or make decisions.

Nevertheless, the lower court determined on the premise that the Defendant did not have a state of mental disability at the time of each of the instant crimes, by misapprehending the legal principles as to mental disability, thereby affecting the conclusion of the judgment, and there is a reason for appeal assigning this error.

3. If so, the Defendant’s appeal on the misapprehension of the legal principle is with merit. Thus, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the following decision is rendered through pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by the court are as follows. The Criminal Procedure Act applies to all of the judgment below, except that the first head “the defendant was in a state of falling short of the ability to discern things or make decisions under the influence of alcohol.”