The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, even though the defendant was aware of drinking alcohol at the time of committing the instant crime, considering the circumstances leading to the instant crime recognized by the evidence duly adopted and investigated by the court below, the means and method of the instant crime, and the defendant's act before and after the instant crime, the defendant did not have the ability to discern things or make decisions at the time of committing the instant crime.

Therefore, this part of the defendant's argument cannot be accepted.

B. The fact that the crime of this case was significantly poor in light of the form of the act of this case or the risk of the act of this case and the degree of injury suffered by the victim is significant, and the physical and mental suffering of the victim seems to be high, and the fact that the crime of this case was committed without being aware of the same criminal record even though there was a previous criminal record is unfavorable to the defendant.

However, in consideration of the fact that the defendant is divided into his criminal act through four or more months of confinement, the defendant committed the crime of this case in a drunken and contingent manner, the defendant deposited five million won for the victim during the trial of the court of the court below, the defendant agreed to the extent of the victim, the defendant did not have any record of punishment for violent crime since 1994, the fact that he did not have any record of punishment since 1994, and that he did not have good health due to stroke aftermathy, and that his father and wife want to take care of the defendant, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, as shown in the records and arguments of this case, are considered.