The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

. Information on the Defendant.

1. Summary of grounds for appeal;

A. Defendant and the person requesting probation order: (a) Defendant and the person requesting probation order; and (b) Defendant and the person requesting probation order (hereinafter “Defendant”).

A) around 201, the Defendant suffered from brain damage due to a traffic accident, and was suffering from Gyeongdo’s mental retardation, internal ability due to her brain functional disorder, weakening her dynamic suppression force, and other behavior disorder. As a result, cerebral damage has deteriorated the resistantness of alcohol, and led to changes in the malutical behavior in taking a small amount of alcohol. In addition, the Defendant was suffering from 2 illness at the time of committing the instant crime. At the time of the instant crime, the Defendant was under the state of malutical change in alcohol. The Defendant was under the state of malutical disorder by having been under the influence of alcohol as seen above, and was in the state of mental disorder. 2) The sentence of unfair sentencing (one-year imprisonment, etc.) by the lower

B. The lower court’s sentence is too uneasible, which is unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental disability, the part 1 of the Defendant’s case is acknowledged as having been mitigated from mental and physical disability on the ground that, on October 20, 201, when the Defendant was sentenced to two years of imprisonment due to an indecent act by force at the Seoul Southern District Court on the grounds that “the Defendant had a mental and physical disorder under the state of brain injury, such as the Defendant’s defense counsel (the Defendant’s defense counsel) as alleged in the Defendant’s defense counsel,” and even thereafter, he was given a mental and physical treatment with a bad mental disorder and depression. However, the Defendant’s mental disorder appears to have been improved due to the above treatment, and ② the Defendant’s probation due to other cases (the Defendant was sentenced to two years of suspended sentence on August for obstruction of performance of official duties at the Seoul Southern District Court on May 10, 2017, probation, taking lectures in alcohol treatment and social service orders.

In light of the nature, etc. of the investigation and trial of the instant case, the Defendant, while suffering from mental illness or alcohol at the time of the instant crime, lacks the ability to discern things or make decisions.