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. At the time of committing the instant crime with mental disorder, the Defendant had a mental disorder under the influence of alcohol.

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

2. Determination on the grounds for appeal

A. According to the records of this case’s assertion of mental and physical disorder, even though the defendant was in a drinking condition at the time of each of the crimes of this case, in light of the circumstances revealed in the records, such as the background leading to the crime, details of the crime, and the defendant’s behavior before and after the crime, the defendant lacks the ability to discern things and make decisions at the time of the crime.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. Although there are circumstances unfavorable to the Defendant, such as the fact that a criminal record of the same kind in the claim of unfair sentencing is extremely high and certain crimes correspond to repeated crimes, and the injury has not been recovered, considering the following circumstances, the lower court’s sentence on the Defendant is somewhat unreasonable, and thus, this part of the Defendant’s assertion is with merit.

3. The Defendant’s argument of unfair sentencing is without merit, but the Defendant’s argument of unfair sentencing is with merit. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the case is remanded to the court below for further proceedings consistent with this Opinion, and the case is remanded to the court below for further proceedings consistent with this Opinion.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;