The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

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

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

2. Determination on the grounds for appeal

A. According to the records on the assertion of mental and physical disorder, even though the defendant was aware of the fact that he was drinking at the time of the crime of this case, in light of the circumstances indicated in the records, such as the background leading to the crime, details of the crime, and the defendant's behavior before and after the crime, the defendant lacks the ability to discern things and make decisions at the time of the

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. Although there are circumstances unfavorable to the defendant, such as the fact that the defendant repeatedly committed the same kind of crime and constitutes a repeated offense despite a large number of criminal convictions claiming unfair sentencing cases, the sentence imposed by the court below in full view of the following circumstances is somewhat inappropriate and thus, the defendant's allegation in this part is with merit.

In the first instance trial, the Defendant repaid the victim K and H the amount of damage and agreed. Each amount of damage is relatively small. The Defendant was sentenced to a fine of two million won, respectively, in the Seoul Central District Court and the Sungnam branch of the Suwon District Court, with respect to the criminal facts that could have been tried like the instant crime, which were committed in a similar manner at a similar time. In addition, the Defendant’s age, character, character, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc. are considered equally. 3. The Defendant’s assertion of mental and physical disorder is without merit, but the allegation of unfair sentencing is with merit, and the judgment of the lower court is reversed pursuant to Article 364(6) of the Criminal Procedure Act.