The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. The judgment of the court below which recognized that the defendant committed the above crime in a state of mental disability despite having not been in a state of mental disorder, is erroneous in the misunderstanding of facts or in the misapprehension of legal principles, and in light of the circumstances and the nature of the crime in this case, the punishment sentenced by the court below (one year of imprisonment and two years of suspended execution) is too uneasible and unfair.

2. In order to say that there is a mental disorder by drinking alcohol as a result of a judgment of mistake of facts and misapprehension of the legal principles on the prosecutor's assertion of misunderstanding of facts, it may be considered when at least there is a significant obstacle to consciousness, or a scam or an abnormal demonstration of symptoms, such as a sense, scambling, etc., and, at the time of committing the crime or thereafter, scam or think about scam at the time of committing the crime, and unless there are abnormal symptoms such as significant obstacle, sense, or scambling of consciousness, and there is no military phenomenon in the physical constitution, it cannot be deemed that

(See Supreme Court Decision 97Do3452 delivered on March 10, 198. According to the evidence duly adopted and investigated by the court below and the victim I's statement at the court below, it can be acknowledged that the defendant dices considerable amount of alcohol at the time of committing the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), and that the defendant and I had difficulty in doing so at the time. However, the defendant divided the talk about the business of the company at the place indicated in the facts charged in this case with the victim and the victim at the time of the crime of this case and divided the talk about the business of the company, resulting in the crime of this case. The defendant started to find the hospital with the victim at the time of the crime of this case, and moved to the police station at the hospital, and the defendant made a consistent statement at the time of the crime of this case and most before and after the crime of this case.