The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months and a fine of 500,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental and physical weakness due to the existence of alcohol.

2) The sentence sentenced by the lower court to the Defendant (one month imprisonment) is too unreasonable.

B. Prosecutor 1) Violation of the Punishment of Minor Offenses Act by omitting the sentence of a fine in the disposition on the violation of the Punishment of Minor Offenses Act, which affected the conclusion of the judgment.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2) According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mental and physical weakness, it is recognized that the Defendant was hospitalized at the hospital several times prior to the instant crime and received medical treatment, and that the Defendant committed the instant crime while drinking alcohol.

However, in light of the circumstances leading up to, and the means and methods of, the instant crime, the conduct of the Defendant before and after the commission of the crime, the circumstances after the commission of the crime, and the Defendant’s attitude to make a statement to the investigative agency (the Defendant is memoryed to some extent) known in the victim’s statement, the Defendant was in a state of lacking the ability to discern things or make decisions due to alcohol or alcohol ozone at the time of the instant crime.

Therefore, we cannot accept the defendant's argument about mental and physical weakness.

3. The lower court found the Defendant guilty of violating the Punishment of Minor Offenses Act against the Defendant, and omitted the period of fine and exchange inducement in the text of the judgment, even though the Defendant was sentenced to a fine for violating the Punishment of Minor Offenses Act in the application column of statutes among the reasons for the judgment.

The judgment of the court below is erroneous in the misapprehension of law, which affected the conclusion of the judgment, and the prosecutor's allegation of violation is justified.