The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In the event that the defendant was under the influence of alcohol at the time of each of the crimes in this case, the court below erred in the misapprehension of the judgment below.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the argument of mental disorder or mental retardation, even though the defendant was found to have drinking alcohol at the time of the above crime, in light of the circumstances indicated in the records, such as the background of the crime and the defendant's act before and after the crime, it is not deemed that the defendant under the influence of alcohol at the time of the above crime, lost the ability to distinguish things and make decisions, or caused the weak ability to do so. Thus, this part of the defendant's assertion is rejected.

B. The Defendant’s crime of special robbery in this case constitutes an unfavorable sentencing element, such as the Defendant’s crime of intimidation by using knife at night and the nature of the offense is bad, and the Defendant has the same criminal record.

However, in light of the following circumstances: (a) the Defendant led to the confession of each of the crimes in this case; (b) the victims and victims wished to leave the Defendant’s front position by mutual agreement at the time of the trial; and (c) the Defendant’s age, character and conduct, intelligence and environment; and (d) motive, means and consequence of each of the crimes in this case; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below. Therefore, Article 369 of the Criminal Procedure Act is applied.