The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness under the influence of alcohol, with a mental and physical weakness.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In the trial of the court, the prosecutor of the ex officio judgment applied "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special injury", and "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Criminal Act" to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" to "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act" as "Article 257 (1) of the Criminal Act" among the names of the crimes against the defendant in the trial of the court. Since this court permitted this, the judgment of the court below was no longer maintained.

B. It is recognized that the Defendant, at the time of the instant case, was under medical treatment with a mental disorder as a result of abnormal efficial disorder, etc., and was under prescription with a mental disorder, and that the Defendant was under drinking at the time of the instant case.

However, in light of the developments leading up to the instant crime, means and methods, and the circumstances before and after the instant crime, the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions due to mental illness or drinking.

not be deemed to be the case.

Therefore, the defendant's above assertion is without merit.

3. As such, the defendant's mental and physical disability is without merit, but the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court of first instance.