The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who has mental and physical loss or mental weakness, committed the instant crime under the condition of mental and physical loss or mental weakness.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s mental and physical loss or the Defendant’s assertion of mental and physical weakness, even though the Defendant was aware that he was drinking at the time of the instant crime, considering the details and contents of the crime, the Defendant’s behavior before and after the instant crime, etc., the Defendant lost the Defendant’s ability to discern things or make decisions, or did not appear to be in a weak state, and thus, the Defendant’s mental and physical loss or his assertion of mental and physical weakness

B. In light of the fact that the Defendant led to the confession of the instant crime and agreed with the victim, the Defendant appears to have divided his mistake.

However, it is doubtful whether the defendant is against the truth of the judgment of the court below. In addition, the defendant not only knew about the result of the judgment at the date of the judgment of the court below, but also tried to leave the court at the date of the trial of the court, and walked to the witness seat.

In addition to the fact that there are a number of defendants with the same criminal records and that the crime of this case was committed 4 days after release as the same crime, the court below's punishment is recognized as unfair because it is too unfasible and unfair.

Therefore, the defendant's improper argument of sentencing is without merit, and the prosecutor's improper argument of sentencing is with merit.

3. As such, the prosecutor’s appeal is with merit, and the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is remanded after pleading.