The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. A. The Defendant was under the influence of alcohol at the time of the instant crime, and was in a state of mental disability.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. The court below, ex officio, sentenced the defendant to six months of imprisonment with prison labor exceeding the minimum statutory punishment for the crime of violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) by the defendant, but omitted the application of discretionary mitigation in the applicable column of the law. This constitutes a case where the reasoning of the judgment was omitted or where the application of the law was erroneously affected by the error of law, and thus, the judgment of the court below cannot be maintained further

However, the defendant's argument about mental disorder is still subject to a trial by this court, notwithstanding the above reasons for ex officio reversal, and this is examined below.

B. According to the records of this case as to the assertion of mental disorder, although the Defendant could have acknowledged the fact of drinking alcohol at the time of the instant facts charged, in light of the background and method of the instant crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant did not appear to have the ability to discern things or make decisions at the time of committing the crime, and even if the Defendant was in weak condition,

Even before the occurrence of each of the crimes in this case, the Defendant had been punished for committing violent crimes, etc. even before the occurrence of each of the crimes in this case. In light of the fact that the Defendant predicted the risk of violent crimes, etc., which may occur while under the influence of alcohol, and went into the state of mental and physical disorder by drinking it in advance.

As such, the above act of the defendant constitutes a free act in the so-called cause under Article 10 (3) of the Criminal Act, and thus, it can be mitigated as a mental disability.