The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

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

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

2. First of all, the following circumstances, which can be acknowledged by comprehensively taking account of the evidence lawfully adopted and investigated by the court below and the court below, as to the claim of mental disability, that is, the defendant does not have any health condition due to a lot of alcohol for a long period from the age of 30 to the age of 198, and the defendant has recently taken a lot of drinking in the past, and the defendant did not drink about about 3 months prior to the crime of this case due to the above reasons. On the day of the crime, it seems that a family meeting had a lot of drinking in this case, as well as the defendant had a lot of drinking in this case, once he transferred to a place for the crime of this case, and was unable to drink in the company, and therefore, it seems that the defendant had a weak ability to defend his behavior by drinking only at the time of the crime of this case, and therefore, it is reasonable to view that the defendant had the ability to change the defendant's opinion or opinion to change the right at the time of the crime of this case.

3. If so, the defendant's appeal is with merit. Thus, without examining the argument of unfair sentencing, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by the court are as follows: “The defendant is under the influence of alcohol and lacks the ability to discern things or make decisions.”