The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was in a state of weak ability to discern things or make decisions through drinking alcohol at the time of committing the instant crime, but the lower court’s failure to recognize the Defendant’s mental disorder is unlawful.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. First, we examine the Defendant’s mental and physical argument.

According to the evidence duly adopted and examined by the court below and the defendant's statement at the court of the trial, it is reasonable to view that the defendant's usual amount of the defendant's usual amount was about 2 illness, and the defendant's usual amount of the defendant was in a state of Mauritius by dividing the degree of 10 illness together with the victim on the day of the instant case, and the defendant was under investigation by the police station following the following day, but was unable to specifically memory the details of the assault, and other circumstances, such as the circumstances and result of the instant crime, the defendant's behavior before and after the instant crime, and the circumstances after the crime, etc., it is reasonable to view that the defendant was in a state that he had the ability to discern things or make decisions due to drinking at the time of the instant crime, and therefore, this part of the defendant's argument is reasonable.

3. According to the conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.

[Dao-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court below are as stated in each corresponding column of the judgment below, except for the case where "the defendant" in the third sentence among the criminal facts of the judgment below added "under the influence of alcohol and lacks the ability to discern things or make decisions." Thus, Article 369 of the Criminal Procedure Act is the same.