The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The excessive knives of seized knives (The Chuncheon District Prosecutors' Office.

1. Summary of grounds for appeal;

A. Mental and physical disorder: The Defendant committed the instant crime under the influence of alcohol and the lack of ability to discern things and make decisions.

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

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the trial of the party, the prosecutor applied Article 3(1), Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act to “Article 258-2(1) and Article 257(1) of the Criminal Act,” respectively, the Defendant’s name of the crime (a violation of the Punishment of Violences, etc. (a group, deadly weapon, etc.) as “special injury”, and the same court granted permission.

Therefore, the judgment of the court below can no longer be maintained as the subject of the judgment is changed.

3. Thus, 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 for sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

However, the defendant's argument about mental disorder is still subject to the judgment of this court.

4. According to the evidence duly admitted and investigated by the court below and the court below as to the defendant's argument about mental disorder, the fact that the defendant was under the influence of alcohol at the time of the crime of this case may be acknowledged. However, the defendant committed an excessive act after promising with the victim to meet the obligation repayment problem, and the defendant was in possession of the victim in advance, and the defendant failed to see that the defendant was under the influence of alcohol at the time of the crime of this case, in light of the course of the crime and the process of the crime, such as the defendant's failure to resist the victim while intending to drive the victim with excessive influence, it is difficult to recognize that the defendant was under the influence of alcohol at the time of the crime of this case.

Therefore, it is true.