The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The abstract of grounds for appeal (mental disorder and unreasonable sentencing);

A. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was found to have a drinking condition at the time of the crime of this case, in view of the defendant's statement at the police (in the investigation record69 pages), the circumstances leading to the crime of this case, the means and methods of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

Since it seems that the defendant was in a state or weak condition, the above argument of the defendant's mental disorder is rejected.

B. The extent of injury inflicted by the defendant on the argument of unfair sentencing is severe, and the defendant's refusal of disturbance at the main point under the influence of alcohol is the origin of the crime of this case, which led to the crime of this case, is disadvantageous to the defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake in depth, the defendant deposited 7 million won for the victim at the court below, and additionally paid 8 million won to the victim at the court below, and agreed with the victim, the victim wanted to be the front of the defendant, and the fact that the defendant did not have any record of punishment for the same kind of crime is favorable to the defendant.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances before and after the crime, the sentence of the court below is considered to be too unreasonable.

3. Accordingly, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and it is re-written.