The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental retardation by drinking alcohol, which was in a state of mental disorder or mental retardation, and this was not punishable or mitigated. The lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence of one and a half years of imprisonment sentenced by the lower court is too unreasonable.

2. As to the assertion of mental disorder first of all, in light of the following factors: the evidence duly adopted and examined by the court below and the result of the examination of the defendant at the time when the crime of this case was committed; the time interval between the crime after drinking and the time until the occurrence of the crime; the defendant’s usual drinking volume; the details of the crime; the circumstances after the crime; the defendant’s attitude to the investigative agency and the details of the statement made by the victim; etc., it can be deemed that the defendant had a weak state of ability to discern things or make decisions due to drinking at the time of

Therefore, the lower court, which did not grant statutory mitigation for mental and physical illness, erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. Therefore, this part of the

(4) The court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act since the defendant did not appear to have reached the state of mental disorder due to drinking at the time of the crime of this case. 3. Thus, the defendant's appeal is justified. Thus, the court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is that the defendant has the ability to discern things or make decisions under the influence of alcohol.