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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime.
B. The 6-year imprisonment sentenced by the lower court in light of the various sentencing conditions of the instant case, is too unreasonable.
2. Determination:
A. As to the Defendant’s assertion of mental disorder, the lower court also argued to the effect that the Defendant was in a state of mental or physical loss or mental weakness at the time of committing the instant crime, and the lower court rejected the Defendant’s assertion that the Defendant did not seem to have lost or weak ability to discern things at the time of committing the instant crime, taking into account the following circumstances: (a) the Defendant was aware of the situation at the time of the instant crime; (b) the Defendant was arrested while she went back to a pention; and (c) the Defendant’s speech and behavior at the time of committing the instant crime; and (d) the Defendant’s act before and after committing the instant crime
According to the evidence duly admitted and examined by the court below, the defendant is acknowledged to drink at the time of committing the crime of this case, but the following circumstances acknowledged by the evidence presented by the court below, i.e., the defendant, (i) from the time the crime of this case was committed to the time when the defendant arrived at the police, and (ii) from the day of the crime of this case to the time when he was arrested, the defendant made a very detailed statement in order of time, such as the following circumstances acknowledged by the aforementioned evidence: