The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant with mental and physical weakness was drunk and was in a state of mental and physical weakness.

B. The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Upon ex officio determination, the prosecutor changed Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act into “Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 330 and 35 of the Criminal Act” in the Act on the Aggravated Punishment, etc. of Specific Crimes, and applied for amendments to the indictment with the content of changing the criminal records and the end of the criminal facts in the facts charged as stated in the “the conviction to be used again” below. Since the court changed the subject of adjudication by permitting it, the judgment of the court below cannot be maintained as it is.

However, the defendant's argument of mental and physical weakness is still subject to the judgment of this court despite the above reasons for reversal of authority.

B. According to the evidence duly admitted and examined by the lower court on the assertion of mental and physical weakness, the Defendant was deemed to have had a sufficient ability to discern things or make decisions under the influence of alcohol at the time of committing each of the instant crimes, in view of the following: (a) even though the Defendant was aware that he had a certain degree of drinking alcohol; (b) the process and method of committing the crime; (c) the circumstances before and after the commission of the crime; and (d) the Defendant has

It is difficult to view it.

The defendant's mental and physical weak argument is without merit.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is made through pleading.

[Re-written judgment] criminal facts and charges.