The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had no or at least weak ability to discern things due to drugs and drinking, etc.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. In the first instance trial, the prosecutor’s ex officio determination is a violation of the Punishment of Violences, etc. Act (damage to property, such as a group or deadly weapon). Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act provide that “Articles 369(1) and 366 of the Criminal Act” shall be construed as “Article 369(1) and 366 of the Criminal Act,” and Article 36 of the Act on the Punishment of Violences, etc. shall be construed as “special injury” from “violation of the Punishment of Violences, etc. (harm to a group, deadly weapon, etc.)” and Article 3(1) and Article 2(1)3 of the Act on the Punishment of Violences, etc. shall be construed as “Article 25(1) of the Criminal Act,” and Article 257(1) of the same Act shall be construed as “the person subject to the amendment of the indictment” and Article 258(2) of the Criminal Act shall be amended.

This part of the judgment of the court below should be sentenced to a single punishment in relation to the remaining criminal facts in the judgment of the court below and the concurrent crimes in the former part of Article 37 of the Criminal Code.

However, since the argument of the defendant and his defense counsel is still subject to the judgment of this court, it shall be judged below.

B. According to the evidence duly admitted and examined by the lower court and the trial court as to the assertion of mental or physical disorder, the Defendant was hospitalized in the hospital on August 8, 2012 due to alcohol dependence, etc. and received treatment, etc. on several occasions, such as receiving treatment, etc., and the Defendant’s home immediately before committing the instant crime.