The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the lower court (two years of suspended sentence of eight months), protection observation, and confiscation) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the prosecutor, the defendant's name of the crime was in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) is "special intimidation", and the applicable provisions of the law are "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act" and "Article 283 (1) of the Criminal Act" and "Article 284 and Article 283 (1) of the Criminal Act" and "Article 283 (1) of the Criminal Act are applied for changes in the indictment with the permission of the court, and thus, the judgment of the court below was no longer maintained.

B. The judgment of the court below regarding the Defendant’s mental and physical disorder is still subject to the judgment of this court even if there are the above reasons for reversal ex officio. Accordingly, according to the records, it is recognized that the Defendant had drinking alcohol to a certain extent at the time of the crime of this case, but in light of the Defendant’s usual amount, the process and process of the crime, the means and method of the crime, and the Defendant’s act before and after the crime, etc., the Defendant was under the influence of alcohol at the time of the crime of this case, and there was no or weak

subsection (b) of this section.

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

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 of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

b) the summary of the evidence and evidence.