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. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state which lacks the ability to discern things and make decisions.

B. The sentencing (two years of probation, probation, and community service order for 80 hours) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, it is deemed that the Defendant was drunk at the time of the instant crime, but, on the other hand, the Defendant did not have any history of receiving treatment due to alcohol dependence, and the Defendant is relatively unspecified and stated in the circumstances of the crime at the time of investigation by the investigative agency, it does not lead to the crime under the state of weak ability to distinguish things and make decisions.

The defendant's argument of mental disability is without merit.

B. In light of the fact that the defendant agreed with the victim and the victim does not want to punish the defendant, and the defendant's order to provide community service would have an impact on the defendant's livelihood when deciding on the argument of unfair sentencing, the sentencing of the court below on the defendant is somewhat unreasonable.

The defendant's assertion of unfair sentencing is justified.

However, considering that the defendant committed the crime of this case again during the suspension of execution due to the same crime, it is inappropriate to sentence a fine to the defendant.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;