The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was in a state of lacking the ability to drink a lot of alcohol and to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on evidence adopted and examined by the lower court and the trial court as to the claim of mental disability: ① the defendant committed suicide after the 20th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the death, the above drinking wall has deteriorated by alcohol dependence; and the defendant was given treatment five times from May 25, 2012 to May 13, 2013 at the alcohol addiction treatment hospital for 159 days due to excessive drinking and shocking, and the lack of mental treatment until the date of the instant crime; ② the defendant was discharged from the hospital even though there was no diagnosis that the mental treatment was necessary, and ② the defendant had no ability to receive specific treatment by the date of the instant crime. According to the victim’s statement, the defendant’s assertion that the defendant had no ability to obtain alcohol or alcohol again from the victim at the time of committing the instant crime that he had no reason to recognize the victim.

3. As the defendant's appeal on the ground of mental and physical disability is well-grounded, the argument of unfair sentencing is further justified.