The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.

B. The sentence of imprisonment (eight months of imprisonment) by the lower court is too unreasonable.

2. According to the record of the determination on the assertion of mental and physical disorder, the Defendant may recognize the fact of drinking alcohol exceeding the ordinary share at the time of the instant crime. In full view of the background, means and methods of the instant crime, the Defendant’s speech and attitude before and after the instant crime, etc., it is recognized that the Defendant was in a state of lacking the ability to discern things or make decisions by drinking alcohol at the time of the instant crime.

However, it does not seem that such an ability has reached a state of loss.

Therefore, this part of the defendant's assertion is justified within the above scope of recognition.

3. As such, the defendant's mental and physical disability argument is justified within the scope of recognizing mental and physical disability. Thus, without examining the argument of unfair sentencing, the part of the judgment below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed and the following decision is rendered

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court are as follows. The facts constituting an offense in the judgment of the court below are changed to “whether a person is under the influence of alcohol” in paragraph (1) of the same Article, and the first head of Paragraph (2) of the same Article add “the defendant is under the influence of alcohol and thus lacks the ability to discern things or make decisions,” and thus, it is identical to each corresponding column of the judgment of the court below, except for the case where “the defendant is under the influence of alcohol and lacks the ability to discern things or make decisions.”

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Commercial concurrence;