The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

1. Reasons for appeal;

A. The defendant with mental disorder was in a state of mental and physical weakness or loss of mental disorder.

B. The punishment of the lower court is heavy.

2. Determination:

A. In full view of the Defendant’s mental appraisal result, the background and mode of the crime, the Defendant’s speech and behavior after the crime committed, etc., which was in a state where the Defendant had the ability to discern things or make decisions at the time of the instant crime.

The decision is judged.

B. For special reasons, the prosecutor applied the law to the defendant to change the name of the crime of indictment against the defendant to Article 258-2(1) of the Criminal Act, and this court permitted the change to the subject of the judgment.

3. The defendant's argument on the mental disorder is partially accepted, and there is a ground for ex officio reversal due to changes in indictment.

Pursuant to Article 364(2) and (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the judgment shall be rendered again after pleading as follows.

Criminal facts

Criminal facts and the summary of evidence against the defendant recognized by this court have committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to alcohol dependence on the first head of the crime of the court below.

With the exception of addition, each corresponding column of the judgment below is the same as that of the judgment below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Grounds for sentencing under Article 53, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The scope of the recommended punishment (Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act, with respect to a crime that inflicts an injury by carrying dangerous articles.