The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. Although the Defendant committed the instant crime under the influence of alcohol at the time of the instant crime, without considering the fact that the Defendant committed the instant crime. The lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s act before and after the instant crime was committed, etc., as to the assertion of mental disorder, the Defendant appears to have been under the influence of alcohol at the time of the instant crime, and thus, the Defendant’s allegation cannot be accepted.

B. As to the assertion of unfair sentencing, if the Defendant did not know even though he was a repeated offender due to the same crime, and the Defendant again committed the instant crime without being aware of it, and the Defendant had a record of criminal punishment several times including the crime of interference with business, and the Defendant was subject to criminal punishment several times due to an act of violence, it is unfavorable to the elements of sentencing, on the other hand, the Defendant’s mistake is against himself, and the Defendant’s attitude of the instant crime and the degree of interference with business, and other various matters that are the conditions of sentencing, such as the age, happiness environment, etc., are considered to be somewhat unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the evidence and facts charged by the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below.