The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to alcohol ozone and qualitative mental disorders.

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

2. In full view of the circumstances leading to the instant crime, the details of the crime, the Defendant’s speech and behavior before and after the commission of the crime, the circumstances after the commission of the crime, and the circumstances where the Defendant received medical treatment due to a qualitative disorder, which can be revealed by the records of the judgment, it can be recognized that the Defendant, at the time of the instant crime, was in a state of lacking ability to discern things or make decisions due to the decline in alcohol ability to determine whether the Defendant suffers from alcohol or a qualitative mental disorder.

Therefore, the judgment of the court below which did not recognize the fact that the defendant had the mental and physical weakness at the time of committing the crime of this case, but did not reduce the mental and physical weakness.

3. If so, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the defendant's appeal is again decided as follows.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence acknowledged by the court below and the summary of evidence related thereto are as stated in each corresponding column of the judgment of the court below, except for the addition of "in the situation where the defendant suffers from alcohol ozone and save mental disorders," under the circumstances where he suffers from alcohol 4, the second-fourths of the judgment of the court below, with the exception of "in the state where he lacks the ability to discern things or make decisions under the influence of alcohol," and therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Mental and physical weakness;