The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, in the first instance trial, the prosecutor applied the name of the crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the facts charged in the instant case as "special injury", and the applicable provisions of the Act as "Article 3 (1), 2 (1) 3 of the Punishment of Violences, etc. Act" and "Article 257 (1) of the Criminal Act" are "Article 258-2 (1) and Article 257 (1) of the Criminal Act" and "Article 257 (1) of the Criminal Act are amended by this court's permission. This part of the facts charged and the remainder of the facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the court below's judgment cannot be sentenced as it is.

However, since the defendant's argument about mental and physical weakness is still subject to the judgment of the court of this Court, according to the health records, it is recognized that the defendant had drinking alcohol at the time of committing the crime, but considering the circumstances leading up to the crime of this case, the means and methods of the crime of this case, the defendant's behavior before and after committing the crime of this case, the defendant was in a state that

As can not be seen, the defendant's above assertion is rejected.

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

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.