The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 2 shall be confiscated.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The sentence of the lower court’s sentence of unfair sentencing (the three-year sentence of imprisonment shall be determined by three years for the Defendant) is written only in the column of the order of the lower judgment. In addition, the statutory penalty for a crime of special robbery committed by the Defendant was either imprisonment for life or for more than five years, or imprisonment for more than five years, and the lower judgment omitted the description of the choice of the sentence in the column of the application of statutes.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, the defendant can be found to have committed the crime of this case after drinking alcohol. However, in light of the following: the defendant's speech and behavior at the time of committing the crime of this case which is lawfully adopted and investigated by evidence; the drinking volume on the day of committing the crime; and the defendant's detailed statement about the circumstance of committing the crime after being arrested at the police on the day of committing the crime; the defendant stated the suspect in detail after being arrested on the day of committing the crime; it does not appear that the defendant did not have the ability to discern things

B. As to the assertion on unfair sentencing, the victim is an unfavorable circumstance in which he/she received a considerable mental impulse due to the instant crime and expressed his/her intent to punish the defendant to the investigation agency even after collecting the damaged goods.

On the other hand, the defendant appears to have an attitude of seriously against the defendant while making a confession from the investigative agency, the cash 200,000 won, which is a damaged object, was recovered at the time when the defendant was arrested by the police and returned temporarily to the victim, the defendant has no same power, and the defendant has been sentenced to two times of fines, and the defendant is able to report to the police at the next time after the completion of the crime."