The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

No. 1 of the evidence seized by the defendant shall be confiscated.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to mental illness such as shock disorder, etc.

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

2. Before the judgment on the grounds for appeal, the prosecutor examined the case ex officio, and the prosecutor applied for the amendment of the indictment to the effect that “the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the name of the defendant in the case of the defendant is “special injury” and “Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act” under the applicable law is “Article 258-2(1) and Article 2(1)3 of the Criminal Act,” respectively, and since this court permitted it, the judgment below was no longer maintained.

However, there is an amendment to the indictment above.

Even if the defendant's assertion of mental disorder is subject to the judgment of this court, this issue will be examined below.

3. According to the evidence duly adopted and examined by the court below and the Ministry of Justice’s mental appraisal report prepared by the Prosecutor’s Medical Care and Custody Center W, the Defendant is likely to weaken aggressiveness or decentralization when drinking alcohol. At the time of the crime of this case, the Defendant was under the influence of alcohol and thereby, seems to lack the ability to discern things or make decisions under the shock control disorder.

Therefore, the defendant's assertion of mental disorder is justified to the extent that it recognizes mental disorder.

4. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.