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. The crime of this case is committed by the defendant in a state of mental disability due to excessive drinking.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is not deemed that the defendant lacks the ability to discern things or make decisions at the time of the crime of this case, in light of various circumstances, including the motive of the crime of this case, the circumstances and attitudes of the crime of this case, the defendant's behavior before and after the crime of this case, the existence and degree of memory as to the situation before and after the crime of this case, and the attitude in the investigation and trial procedure.

Therefore, the defendant's assertion on this is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is very poor, such as threatening the victim to threaten the victim during the period of repeated crime after release despite having been sentenced to 10 months of imprisonment for the purpose of retaliation due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by reporting the victim himself/herself as the crime of interference with business. This merely threatens the State’s criminal justice function beyond the infringement on the victim’s individual, and thus, the fact that the responsibility for such crime is very heavy is unfavorable to the Defendant.

On the other hand, however, there are favorable circumstances for the defendant, such as the fact that the defendant was waiting to commit a crime and reflects the mistake in depth, and that the defendant does not seek the victim again, and that the victim does not want the punishment by agreement with the victim.

As above, all of the sentencing conditions shown in the argument of this case, such as the circumstances unfavorable or favorable to the defendant, and the age, character and conduct, and environment of the defendant, are in the sentencing guidelines.