The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. A summary of the grounds for appeal 1) Prosecutor (1) The prosecutor’s prosecutor’s (1) states the main purpose of the grounds for appeal pointing out the following grounds: “3. Improper sentencing” among the grounds for appeal.

In doing so, “C”.

In light of the fact that the lower court’s determination that reduced mental and physical weakness was erroneous on the lower part of the lower court’s lower judgment that stated “whether to recognize mental and physical weakness” and that the prosecutor additionally submitted evidence related to Article 10(3) of the Criminal Act at the trial date of this court, it is interpreted that the prosecutor’s grounds for appeal include the prosecutor’s allegation that reduction of mental and physical weakness is unfair.

The defendant had weak ability to discern things at the time of committing the crime.

It is difficult to see that there was a mental and physical weakness.

Even if the defendant voluntarily drinks immediately before the crime and causes such conditions, it constitutes an exception to reduction of mental and physical weakness.

However, the lower court rendered a statutory mitigation by mental and physical weakness against the Defendant.

(2) The sentence of the lower court’s improper sentencing (four months of imprisonment) is too unfortunate and unfair.

2) The lower court’s punishment is too unreasonable.

2. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court regarding the prosecutor’s improper determination on the prosecutor’s improper reduction of mental and physical weakness, the lower court’s determination that the Defendant was legally mitigated on the ground of mental and physical weakness is unreasonable.

(1) The defendant shall be found to have been under the influence of alcohol at the time of committing a crime.

However, the Defendant made a very detailed and detailed statement about the background, means, and method of the crime in the course of the investigation immediately after the arrest of a flagrant offender (the investigation record 35-36 pages). The Defendant was unable to discern things or make decisions at the time of the crime.

There are no objective data to be seen.

Considering this point, the defendant suffered an injury to the victim under the mental and physical weakness.

No. 3.