The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Summary of Grounds for Appeal

A. At the time of committing the instant crime, the Defendant was in a state that, by drinking alcohol and drinking alcohol, the Defendant had no or weak ability to discern things or make decisions.

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

2. On June 11, 2020, after ex officio determination, the defendant was sentenced to one year of imprisonment and two years of suspension of execution for a violation of the Road Traffic Act at the Eunpyeong District Court's Eunpyeong site, and the above judgment became final and conclusive on June 19, 2020. The crime of the crime of the judgment of the court below and the above violation of the Road Traffic Act against the defendant, which became final and conclusive on June 19, 2020, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, shall be sentenced to punishment for the crime of the court below's decision in consideration of equity in cases where the judgment is to be rendered at the same time in accordance with the former part of Article 39 (1) of the Criminal Act

The defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

3. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant had drinking alcohol at the time of committing the instant crime.

However, in light of various circumstances, such as the background of the crime, the method of the crime, and the Defendant’s speech and behavior before and after the crime committed in this case, it is not recognized that the Defendant had a lack or weak ability to discern things or make decisions due to drinking at the time of the crime in this case.

Therefore, the defendant's above assertion is without merit.

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

[The reasons for the judgment of multiple court] summary of facts constituting a crime and evidence are stated in this court.