The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. In relation to the instant crime of mental illness, the Defendant was in a state of mental disability under the influence of alcohol at the time.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant is found to have drinking at the time of the crime in this part, but in light of various circumstances such as the circumstance and means of the crime in this part, the defendant's behavior after the crime, and the defendant's statement to some extent after the crime, it cannot be deemed that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime in question. Thus, the above argument by the defendant is rejected.

B. In full view of the judgment on the assertion of unfair sentencing, and the fact that the Defendant committed the instant crime during the suspension period despite having been already punished several times for the same crime, even though it was recognized that the Defendant committed the instant crime during the suspension period, the Defendant was divided in depth of his mistake, the victim did not want the Defendant’s punishment, the Defendant appears to have committed the instant crime contingently under the influence of alcohol, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances before and after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The accused recognized by this Court as the summary of the evidence and evidence.