The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

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

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution and one hundred and twenty hours of community service in one year and six months of imprisonment) is too unreasonable.

2. In full view of the facts revealed in the records and pleadings, it is deemed that the Defendant had weak ability to discern things or make decisions at the time of committing the instant crime, taking into account the fact that the amount of drinking alcohol was reasonable, and all the circumstances shown in the records and pleadings, such as the Defendant’s act before and after committing the instant crime.

Nevertheless, the judgment of the court below which judged on the premise that the defendant did not have a state of mental disability at the time of the crime of this case was erroneous and adversely affected the judgment.

3. According to the conclusion, 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 again rendered after pleading.

[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the corresponding column of the judgment of the court below, except for the addition of “under the influence of alcohol, with the exception of the addition of “under the influence of alcohol,” as stated in the 16th page “1:20 of the judgment of the court below” and “under the influence of alcohol,” so it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the above favorable circumstances) is that the defendant was sentenced to a fine for the same kind of crime, and that the defendant has four times the period of the sentence, and that the defendant is in the Gu.