The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal (mental disorder and unreasonable sentencing) was in the state of mental disorder or mental disorder at the time of committing the instant crime, and the sentence imposed by the lower court on the Defendant is unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, although the defendant was in a drunken state at the time of the crime of this case, in light of various circumstances, such as the background, means, and actions before and after the crime of this case, it cannot be seen that the defendant was in a state of distinguishing things or being deprived of the ability to make a decision at the time of the crime of this case, and therefore, the defendant's mental and physical

B. The Defendant alleged that he had been punished several times for the same crime, and that he was physically and mentally disabled under the influence of alcohol. However, although the Defendant was under the unfavorable circumstances against the Defendant, the Defendant led to the confession of the instant crime without any particular reason, and reflects his mistake in depth during the period of detention for not less than two months, in full view of the fact that the Defendant made a confession of the instant crime and agreed with the victim during the period of detention, and other various sentencing conditions such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the instant crime, the lower court’s punishment is deemed to be somewhat inappropriate, and thus, the Defendant’s assertion of unfair sentencing is reasonable.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the crimes and Article 260 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances by examining the grounds for reversal of the above judgment);