The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court of appeal, the prosecutor applied for changes to the applicable provisions of Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act "Article 284 and Article 283(1) of the Criminal Act" as "Article 283(1) of the Criminal Act," and the judgment of the court below cannot be maintained as they were, since the court permitted the changes to the subject of the judgment.

However, the defendant's argument about mental disorder is still subject to the judgment of this court, even though there is such reason of ex officio reversal.

3. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

4. Therefore, the judgment of the court below is reversed in accordance with 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 the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of the judgment below.