The judgment of the court below is reversed.

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

Nos. 1 through 3 of seized evidence.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability or mental health disorder.

B. The sentence of unfair sentencing (two years of imprisonment, confiscation) by the lower court is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in indictment with regard to "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" in the name of the crime against the defendant in the trial of the court below as "special property damage", and the applicable provisions of the Act to "Article 3 (1), Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act" as "Article 369 (1) and Article 366 of the Criminal Act", and since this court permitted this, the judgment of the court below was no longer maintained.

However, the defendant's mental and physical disorder is still subject to the judgment of this court, and the following are examined.

B. In full view of the following: (a) acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder; (b) comprehensively taking account of the background leading up to the instant crime; (c) the means and method of the crime; (d) the Defendant’s act before and after the crime; and (e) the circumstances after the crime, even though the Defendant was aware that drinking was a drinking condition,

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.