The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Summary of Grounds for Appeal

At the time of each of the crimes in this case, the Defendant was under the influence of alcohol so that the Defendant lacks the ability to discern things and make decisions.

The imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

Before determining the grounds for appeal by the Defendant’s ex officio, the records of this case show that the Defendant was sentenced to 10 months of imprisonment with prison labor on September 2, 2009 by the Incheon District Court for the crime of conflict, etc. and completed the execution of the sentence on March 1, 2010 in the public prison. As long as each of the of the of the of the of the of the of the crimes in this case was committed on March 15, 2012 and March 16, 2012, the Defendant’s choice of imprisonment with prison labor on each of the crimes in this case was reduced on March 15, 2012 and March 16, 2012, the lower court, which had selected to be sentenced to imprisonment with prison labor on each of the above crimes, omitted even though the scope of the punishment is determined by aggravation of repeated crime under Article

However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability still is subject to the judgment of this court, and this is examined below.

According to the records of this case as to the claim of mental disability, even though the defendant was in a state of drinking at the time of each of the crimes in this case, in light of various circumstances, such as the circumstances of each of the crimes in this case, the defendant did not seem to have a state of lacking the ability to discern things or make decisions at the time of each of the crimes in this case. Thus, the defendant's claim of mental disability is without merit.

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

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the evidence thereof.