The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the condition that, at the time of each of the instant crimes, the Defendant was unable to discern things or make decisions, due to the symptoms of alcohol addiction, or due to the lack of ability to discern things or make decisions.

Nevertheless, the court below did not grant reduction or exemption due to mental disorder.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the allegation of mental disorder or mental disability, it is recognized that the defendant was in a state of drinking alcohol at the time of each of the crimes in this case.

However, in light of the fact that the defendant's behavior before and after each of the crimes in this case and the defendant made a statement by his memorying the process of each of the crimes in this case, the defendant was drunk at the time of each of the crimes in this case.

or not having ability to discern things or make decisions due to mental illness caused by alcohol addiction as claimed by the defendant.

in such a manner as to be deemed to have been in a weak state.

Therefore, the defendant's above assertion is without merit.

B. Under the premise that the Defendant wishes to receive medical treatment for mental illness caused by alcohol addiction as a result of the reduction of the Defendant’s imprisonment in prison, it is difficult to view that the Defendant’s act of taking a knife, which is a lethal weapon, against a victim without any relationship with the Defendant, or destroying a car parked on the road or a patrol vehicle, which is a public object, is an offense liability in light of the risk of the relevant criminal law.

그러나 피고인이 부모를 여읜 후 자신을 돌보아주던 할머니마저 별세하자 우울감 속에서 자주 술을 마시던 중 이 사건 범행에까지 이르게 된 점, 피고인에게 벌금형보다 무거운 형으로 처벌받은 전력이 없는 점, 흉기휴대협박 범행의 경우 피고인이 피해자에게 칼을 들이대고...