The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 1 of the seized evidence shall be from the defendant.

Summary of Reasons for appeal

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

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

We examine the reasons for appeal by the prosecutor ex officio prior to the judgment.

In the trial of the court, the prosecutor applied Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act to "Special Bodily Injury", and applied Article 3 (1) and Article 2 (1) 3 of the same Act to "Article 258-2 (1) of the Criminal Act," and applied Article 2 of the same Act to "Article 258-2 (1) of the same Act," and the judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.

However, the defendant's argument about mental and physical weakness is still subject to the judgment of this court, and the following is examined.

In light of the circumstances such as the background leading up to the instant crime, the means and method of the instant crime, the Defendant’s act before and after the instant crime, etc., the Defendant was found to have had the ability to discern things or make decisions, but this was thereby lacking the ability to discern things or make decisions.

It is not visible.

Therefore, the defendant's mental and physical weak argument is without merit.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2(1) and 257 of the Criminal Act concerning criminal facts