The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Before making an ex officio judgment on the reasons for appeal, we examine the reasons for appeal ex officio.

In the first instance trial, the Prosecutor applied for the amendment of the Act on the Punishment of Violences, etc. (Habitual Violence) to “Habitual Violence” among the names of the crimes related to the facts charged in the instant case, and applied law, “Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act,” “Article 264 and Article 260(1) of the Criminal Act,” respectively, “Article 264 of the Criminal Act,” and “Article 260(1) of the Criminal Act,” and the judgment below was no longer maintained in this respect, since the same was changed by the court’s permission.

However, the defendant's argument about mental disorder is still subject to a trial by this court, notwithstanding the above reasons for reversal.

B. According to the records on the Defendant’s assertion of mental disorder, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, in light of all the circumstances such as the background of each of the instant crimes, the means and method of committing the instant crimes, and the Defendant’s act before and after committing the instant crime, the Defendant had no or weak ability to discern things due to drinking at the time of committing the instant crime.

It is not visible.

Therefore, the defendant's mental disorder is without merit.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and the pleadings are made, without examining the above grounds for reversal ex officio.