The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The Defendant had a mental disorder at the time of committing the instant crime.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, although the defendant was found to have a drinking condition at the time of each of the crimes in this case, in light of the circumstances before and after each of the crimes in this case, the circumstances leading to each of the crimes in this case, the method and method of the crime in this case, and the defendant's behavior at the time, it does not appear that the defendant was in a lack of ability or lack of decision-making ability to discern things at the time of preventing each

Even though the defendant was in the mental state or mental and physical state at the time of the crime of this case, the defendant had been in the state of mental disorder or mental and physical state at the time of committing the crime of this case, since the defendant had been under the influence of drinking alcohol even before being subject to criminal punishment, and was unable to satisfy with another person even before being sentenced to criminal punishment, the defendant's act constitutes "an act of a person who predicted the occurrence of danger and caused the mental and physical disorder by himself" under Article 10 (3) of the Criminal Act, it cannot be considered as a ground for

Therefore, the defendant's mental disorder is without merit.

The lower court, based on its stated reasoning, determined the Defendant’s punishment on the allegation of unfair sentencing.

However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, and other various sentencing conditions specified in the proceedings of the pleading in this case, the sentence of the court below is deemed unreasonable.

Therefore, the defendant's argument is justified.

In conclusion, the defendant's appeal of this case is reasonable, and therefore it is in accordance with Article 364 (6) of the Criminal Procedure Act.