The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

1. Summary of grounds for appeal;

A. The Defendant and the Defendant for medical treatment and custody (hereinafter “Defendant”) were drunk at the time of committing the instant crime and were in a state of mental disability.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. According to the statement on the defendant of the Medical Treatment and Custody Director by the court’s request for mental appraisal before the transfer of judgment, the defendant is determined as a alcohol dependent patient. In full view of the evidence duly admitted and investigated by the court below, the motive, process, means and mode of the crime of this case recognized by the above mental appraisal statement, and the defendant’s behavior before and after the crime of this case, it is acknowledged that at the time of the crime of this case, the defendant did not have the ability to discern things or make decisions due to alcohol dependence, but was in an weak state.

Nevertheless, the lower court’s determination that the Defendant committed the instant crime in a normal mental state is erroneous or erroneous by misapprehending the legal doctrine, and the Defendant’s assertion of mental disability is with merit.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of reversal as seen earlier, and it is again decided as follows.

On the other hand, the prosecutor applied for medical treatment and custody for the defendant at the trial court, and makes a decision on the medical treatment and custody claim together with the defendant

【The reason for the judgment in multiple times】 The criminal facts recognized by the court in this case are under the Criminal facts Act “2. Criminal facts” and “the defendant and the requester for medical treatment and custody (hereinafter referred to as the “defendant”) have the ability to discern things due to alcohol dependence or make decisions.