The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

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

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined at the court below as to the claim of mental retardation: ① the Defendant was hospitalized in the hospital due to chronic alcohol addiction before the instant crime was committed, ② the Defendant was under the influence of drinking at the time of the instant crime, by dividing the instant crime into drinking and galking, etc., with the day from the morning to the night, and ② the Defendant was under the influence of drinking at the time of the instant crime; ③ the victim was under the influence of drinking at the investigative agency and the court of the trial; ③ the Defendant stated that the Defendant was under the influence of drinking at the time of the instant crime; and the Defendant stated that the Defendant was under the influence of drinking at the investigative agency and the same time; and in light of the background and method of the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, etc., the fact that the Defendant was under the influence of alcohol at the time of the instant crime can be acknowledged.

3. If so, the defendant's assertion of mental and physical disability is with merit. Thus, without examining the argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: the first head of the judgment of the court below added "in a state where the defendant lacks the ability to discern things or make decisions under the influence of alcohol"; and 1. C's statement in the summary of the evidence added "1. witness C's statement in the court room" to "the summary of the evidence," and therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.