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. The defendant asserts that he committed the instant crime under the condition of mental disorder or mental disability under the influence of alcohol.

B. The Defendant asserts that the sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, the defendant did not have the ability or decision-making ability to discern things at the time of the crime of this case in light of the defendant's reputation, the circumstances leading to the crime, the means and methods of the crime, and the circumstances after the crime.

It is difficult to view that there was a weak state of such ability.

Therefore, this part of the defendant's assertion is rejected.

B. The instant crime of this case on the assertion of unfair sentencing is a case where the Defendant deceivings the victim, received alcohol, etc., and the Defendant commits the instant crime even though he had been punished for a repeated crime due to the same kind of crime, and the Defendant has the record of having been punished several times for the same crime, and the Defendant has the record of having been punished for various crimes, such as violation of the Punishment of Violences, etc. Act, violation of the Road Traffic Act, violation of the Road Traffic Act, violation of the Food Sanitation Act, violation of the Food Sanitation Act, and embezzlement, etc.,

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the damage was not relatively heavy; and (c) the victim did not want the Defendant’s punishment by mutual consent with the victim; and (d) the Defendant’s age, character and conduct, environment, motive and background of the crime; (b) the means and method of the crime; and (c) the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat somewhat more.