The judgment of the court below is reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically weak due to alcohol dependence, etc.

B. The sentence sentenced by the lower court is too unreasonable.

2. First, we examine the argument about mental and physical disorder.

According to the records, the Defendant was prosecuted for committing a special intimidation committed on March 11, 2016 (this Court 16 order 4483), and was judged to have been subject to alcohol dependence on February 2017.

In this case, the defendant was found to have caused aggressive behavior, emotional unstableness, and self-control disorder due to the complex influence of alcohol and drugs, and was mitigated from mental and physical weakness.

This case occurred around June 2016, and there is no particular difference between the defendant's military force and the situation at the time of committing the crime.

In full view of the background of the Defendant’s crime, means, details of the crime, and circumstances before and after the crime, etc., the Defendant was physically and physically in a state of mental disorder due to alcohol dependence upon the time of the instant case.

I seem to appear.

The defendant's assertion of mental disorder is reasonable within the scope of recognizing mental and physical weakness.

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the judgment on the unfair argument of sentencing, and the following judgment is rendered again after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is also accepted by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 of the Act on the Selection of Punishment of Violences, etc., Article 257 (1) of the Criminal Act, and selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Statutory mitigation Articles 10(2) and 55 of the Criminal Act