The judgment of the court below is reversed.

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

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the Defendant was in a state of mental disability under the influence of alcohol at the time of each of the crimes in this case, the judgment below which did not reduce the punishment is erroneous in the misapprehension of legal principles as to mental disability, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant is found to have been under the influence of alcohol at the time of each of the crimes in this case, but it cannot be said that there was no longer the ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. In light of the applicable law of the instant crime and the degree of damage, etc. of the judgment on the assertion of unfair sentencing, the circumstances unfavorable to the Defendant are as follows: (a) the nature of the instant crime is inferior; (b) the criminal liability is grave; and (c) the Defendant has a criminal record of

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, the fact that the defendant seems to have reached a contingent crime while under the influence of a certain degree of alcohol, the victim and the victim do not want to be punished for the defendant, and that the victim has been detained for about three months due to the crime of this case, and that the defendant has time to be able to take care of about three months due to the crime of this case, etc., the punishment imposed by the court below is too unreasonable.

Defendant’s assertion is with merit.

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

Criminal facts

(b).