The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

1. Summary of grounds for appeal;

A. The Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) at the time of committing each of the instant offenses were in a state of mental disorder due to the wall of military register due to drinking at the time of each of the instant offenses.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. According to the statement of the written mental appraisal of the Defendant of the Medical Treatment and Custody Director by the court’s entrustment of mental appraisal, the Defendant is deemed to have a harmful and non-specific personality disorder. In full view of the motive, circumstance, means and mode of each of the instant crimes, the Defendant’s behavior before and after the instant crimes committed by duly admitted and investigated by the court below, etc., it is recognized that at the time of each of the instant crimes, the Defendant did not reach the degree of ability to discern things or make decisions due to improper aggressive behavior, impulse, alcohol abuse, and the above-specific personality disorder, which caused alcohol dependence, alcohol abuse, and the pertinent specific personality disorder, but did not reach the degree of ability to discern things or make decisions.

Therefore, the defendant's argument of mental disability is justified.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the defendant's appeal is again decided after oral argument as follows.

Criminal facts

The facts of the cause of medical treatment and custody [criminal facts] The facts of the crime acknowledged by this court are as follows, with the exception of adding "the defendant has committed each of the following crimes in the state that he has the ability to discern things or make decisions due to alcohol dependence, alcohol abuse and specific impossibility personality disorder" to the first head of the crime of the judgment of the court below, since it is the same as stated in each corresponding column of the court below, Article 369 of the Criminal Procedure Act.