The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was physically and mentally weak at the time of committing each of the instant crimes.

2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. First of all, the following circumstances are acknowledged based on the evidence duly adopted and investigated by the health department, the lower court, and the first instance court as to the assertion of mental and physical weakness, i.e., the Defendant was indicted for committing larceny and tried (the Changwon District Court 2012 Gohap 74), and the Defendant’s appraisal of the Defendant in the instant case is presumed to have been somewhat deteriorated in decision-making capacity as it appears that the Defendant had shown a temporary instability, shock, and improper behavior due to alcohol disorder at the time of committing the crime.

2. The appraisal of the Defendant in this case is presumed to be in a state of temporary difficulty in the determination due to mental symptoms and brain diseases, such as intelligence degradation, shock control capacity degradation, recognition function degradation, sick degradation, and difficulties in drinking control at the time of each of the crimes in this case, and the combined impact of damage and disorder caused by alcohol consumption, and difficulties in shocking, it is presumed that the Defendant had weak ability to distinguish things and decision-making ability at the time of the crime in this case.

In full view of the fact that the Defendant presented an opinion, it is reasonable to view that the Defendant lacks the ability to discern things or make decisions due to degradation, etc. at the time of each of the instant crimes.

Therefore, this part of the defendant's argument is justified.

3. If so, the defendant's mental and physical weakness argument is reasonable, so the defendant and the prosecutor.