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. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

B. In light of the various sentencing conditions of the instant case, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. According to the evidence duly admitted and examined by the court below and the court below as to the Defendant’s claim of mental disability, the Defendant, along with the 5-lane 12 May 12, 2013, who was the preceding day of the instant case, drinked by dividing the 5-lane 10 illness, beer, and she divided into J and Yang-ju 4 disease, and beer 5 disease. On May 13, 2013, the date of the instant case, 2013, the Defendant was found to have been in a state where the Defendant, at the victim’s house, her three illnesss were dead, and was in a state that the Defendant had the ability to distinguish the object at the time of the instant crime of drinking alcohol and lacks the ability to make a decision, such as drinking alcohol, and drinking alcohol more than 2 disease.

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

3. Accordingly, the defendant's argument of mental disability is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the following decision is rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except where "the defendant" was used as "in the state that the defendant is under the influence of alcohol and lacks the ability to discern things or make decisions," and thus, it is consistent with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (2) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Discretionary mitigation Criminal Act;