The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment) shall be excessively unreasonable;

(2) On the second day of the trial of the court below, the defendant alleged that "the state of mental illness was a state of mental disorder under the influence of alcohol at the time of criminal conduct" was a ground for normal participation. 2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the defendant, the prosecutor considered "violation of the Punishment of Violences, etc. Act (Habitual Violence)" as "Habitual assault", and "Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" as "Article 264 and Article 260 (1) of the Criminal Act" as "Article 260 (1) of the Criminal Act" was changed to "Article 264 and Article 260 (1) of the Criminal Act" and the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to each corresponding part of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Grounds for sentencing under Article 264 of the Criminal Act and Articles 260 (1) (Habitual Violence and Selection of Imprisonment) of the Criminal Act (Article 264 and 260 (1) of the same Act;

1. The scope of applicable sentences: Imprisonment for one month to three years;

2. Scope of recommended sentencing criteria: Violence crimes, habitual assault (type 6), mitigation area (type 4 to April 1, 200, agreement and disposition of penalty); and

3. The defendant led to confession of the facts constituting the crime of this case, which are favorable to the defendant as shown in the arguments and records of the decision of sentence.