The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

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

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. A. An ex officio determination prosecutor changed the Act on the Punishment of Violences, Etc. (collectively weapon, etc.) to a special intimidation in the name of the crime against the Defendant, and applied the Act to the effect that “Article 3(1), Article 2(1)1, and Article 283(1) of the Criminal Act” changed to “Article 284 and Article 283(1) of the Criminal Act” in the name of the crime against the Defendant, and this Court permitted this.

Therefore, the judgment of the court below against the defendant became unable to be maintained as it is due to changes in the subject.

B. Determination on the argument about mental and physical weakness is based on the above reasoning. However, the defendant's argument about mental and physical weakness is still subject to the judgment of this court, and this is examined.

Although the Defendant was deemed to have served alcohol at the time of committing the instant crime, it was found that the Defendant had no or weak ability to discern things or make decisions.

Therefore, we cannot accept the defendant and his defense counsel's argument about mental and physical weakness.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act and it is again decided as follows, without examining the defendant's unfair argument about sentencing, since there is a ground for reversal ex officio as seen earlier.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;