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. Defendant 1) In spite of the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime, the lower court erred by failing to reduce the physical and mental weakness.

2) The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the grounds for appeal

A. As to the Defendant’s assertion of mental and physical weakness, the lower court had already asserted the same purport as the Defendant’s assertion of mental and physical weakness, and the lower court rejected the Defendant’s assertion on the grounds as indicated in its reasoning. In light of the records of this case, the lower court’s determination

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

B. Circumstances unfavorable to the argument of unfair sentencing by the defendant and the prosecutor: The crime of this case is very poor in terms of tool, method, etc.

The favorable circumstances: The fact that the defendant committed the crime of this case itself is recognized, and the defendant shows an attitude against it.

The degree of injury of the victim is not obvious.

Although the defendant was sentenced three times to a fine before 1998 for violent crimes, he/she has no record of criminal punishment thereafter.

In the first instance, the injured party does not want to be punished against the accused by agreement with the injured party.

The health status of defendants is not good.

In full view of all the conditions of the arguments in this case and the sentencing indicated in the records, including the above unfavorable circumstances, favorable circumstances, etc., the defendant's appeal ground is justified, while the prosecutor's appeal ground is without merit.

3. The Criminal Procedure Act is applicable to the defendant's appeal for the conclusion of the judgment.