The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental and physical disability due to alcohol dependence and excessive drinking.

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

2. As to the Defendant’s claim of mental disability, in light of the Defendant’s drinking volume, Defendant’s ordinary drinking volume at the time of committing the instant crime, Defendant’s investigation agency and court’s attitude, Defendant’s developments and method of committing the instant crime, Defendant’s behavior after committing the instant crime, etc., it is determined that the Defendant had weak ability to temporarily change things or make decisions due to excessive alcohol consumption at the time of committing the instant crime, and thus, the Defendant’s claim of mental and physical disability is with merit.

3. As such, the defendant's appeal is justified in terms of mental and physical disability. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of unfair sentencing, and the following decision is

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows. The facts constituting the crime are identical to the facts stated in each corresponding column of the judgment of the court below, inasmuch as the facts charged and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except where “the defendant is under the influence of alcohol and lacks the ability to discern things or make decisions.”

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has the record of being punished several times for the same kind of crime.