The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal

A. At the time of the instant crime, the Defendant was in a state of not fully equipped with the ability to discern things or make decisions due to alcohol dependence.

B. The lower court’s sentencing on the Defendant of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination as to mental disorder

A. In full view of all the circumstances, including the situation, process, and progress of the instant crime, which can be identified by the evidence of the adoption, the lower court determined that the Defendant was aware of the drinking at the time of the crime, but thereby lost the ability to discern things or make decisions.

It was determined that such ability does not seem to have reached a weak state.

B. According to each description of evidence Nos. 1-3 and 1-3 submitted by a defense counsel at the trial, the Defendant, prior to committing the instant crime, can be recognized as having received mental treatment and treatment under the name of “hives of Gung-do (F32.0)” and “F10.2 (F10.2)” between April 201 and May 2012, the Defendant, prior to committing the instant crime.

In addition, according to the statement of the mental diagnosis of the defendant of the Medical Treatment and Custody Director prepared by the request for mental diagnosis of the party, the defendant is presumed to have been in a state of mental disorder, such as temporary emotional stability, loyalty and improper behavior due to the harmful happiness of alcohol at the time of this case, although the defendant does not present the symptoms of mental disorder as a patient of alcohol dependence (F10.2).

In addition, comprehensively taking account of the various circumstances, such as the motive, background, means, and mode of each of the instant crimes that appear in the record, the Defendant’s act before and after the instant crime, and the degree of reflection, etc., may change things or make decisions by the “ alcohol dependence” at the time of the instant crime.