The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of two months.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to eight months of imprisonment with prison labor for special intimidation, etc. by the Daegu District Court on December 5, 2019, and the judgment became final and conclusive on December 13, 2019. The crime of the lower court’s judgment and the above crime for which the judgment became final and conclusive on December 13, 2019 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined in consideration of equity with which the judgment is concurrently rendered pursuant to Article 39(1) of

However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability is still subject to the judgment of this court, and this is examined.

3. In light of the background, means, and methods of each of the crimes in this case, the defendant's behavior before and after the crime, etc. admitted by the record as to the claim of mental disability, it does not seem that the defendant had a weak state in which the defendant had the ability to discern things and make decisions at the time. Therefore, the defendant

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen earlier.

[C] The summary of the facts constituting an offense and evidence admitted by this Court is to be added to the first head of the lower judgment’s criminal facts and the summary of the evidence. “Defendant was sentenced to eight months of imprisonment with prison labor at the Daegu District Court on December 5, 2019 for special intimidation, etc. and the above judgment became final and conclusive on December 13, 2019,” and the summary of the evidence is to be added to “1. Before the judgment: Case search and each judgment.”