The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally weak due to excessive drinking.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mental and physical weakness and the evidence adopted and investigated by the party, the Defendant is deemed to lack the ability to distinguish things from the ability to change things due to excessive drinking at the time of committing the instant crime and to control the act accordingly.

The defendant's mental and physical weak argument is reasonable.

On December 2014, the defendant was prepared to return to the military after the discharge from military service with no criminal history.

The Defendant’s usual volume was approximately KRW 1 and 2 in small week, and around February 9, 2015, the day of the instant crime, the Defendant’s usual volume was around KRW 1 and 2 in small week, and the Defendant’s usual volume was divided into KRW 4 and KRW 3 of small week in the “AC” main point in the “AB Pool” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

Around 23:10 on the same day, the Defendant committed the instant crime by driving away the victim from the 101 entrance of the apartment complex in which he lives, and the victim committed the instant crime in the investigative agency and the court of the court below. In the investigative agency and the court of the court below, “At the time, the Defendant was able to see her male and her power

Influence, Malaysia was unable to feel, and Malaysia was bread by division.

I think.

The defendant was under the influence of alcohol.

It was the same as drinking in many ways.

“The statement was made”.

At the time of the instant crime, the victim gets sound and resisted, and the Defendant escaped with 103 apartment units in which he resides, and the Defendant was arrested by the apartment security guards who continued to drive away in the elevator without properly finding his house even after getting out the elevator.

The apartment security guard F, which was predicted by the defendant at the time, in the investigative agency and the court of original instance, “The same is the same as that of the defendant.

103 Doro-bridges.