The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

1. Summary of grounds for appeal;

A. The Defendant was in a state of weak ability to discern things or make decisions at the time of committing the instant crime due to drinking and mental illness.

B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

2. According to the statement of a mental appraisal of the Defendant prepared by the medical treatment and detention center according to the request for mental appraisal of the party, the Defendant is deemed to have lacking the ability to determine based on objectivity and reality of the situation, the Defendant lacks the ability to make a judgment based on arbitrary interpretation, and obviously, e.g., a firm mental illness and damage network, and alcohol existence, which are diagnosed as a firm mental illness and damage network, and the detention for several months is presumed to have a significant decline in the actual judgment, and the mental symptoms are deemed to have been announced at the time of the instant crime, and even at the time of the instant crime, there was lack of ability to discern things or make decisions.

Nevertheless, the judgment of the court below which did not reduce the degree of mental or physical disability under Articles 10(2) and 55(1)3 of the Criminal Act is erroneous, or it erred by misapprehending the legal principles on mental or physical disability, thereby affecting the conclusion of the judgment.

Therefore, this part of the defendant's argument is justified.

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, and the judgment below is reversed and it is again decided as follows.

The facts constituting the crime and the summary of the evidence acknowledged by this court are added to the facts constituting the crime of the original judgment and the summary of the evidence. "The defendant is a person who lacks the ability to discern things or make decisions due to mental fission, etc." and the summary of the evidence is added to the first head of the crime of the original judgment.