The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant suffered from chronic disorder, such as depression and apprehensions, and was in a state of mental disorder with no or weak ability to discern things in alcohol.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. On the date of the first trial of the trial of the first instance after the commencement of the retrial, the prosecutor of the judgment ex officio is as follows: “A special injury” and “special intimidation” under the Punishment of Violences, etc. Act; “Article 3(1) and 2(1)1 and 3 of the Punishment of Violences, etc. Act; Articles 257(1) and 283(1) of the Criminal Act; “Article 258-2(1), 257(1), and 283(1) of the Criminal Act” under the applicable law; and “Article 258-2(1), 257(1), 284(1), and 283(1) of the Criminal Act were reversed by the court below’s modification of the contents of the crime as “an amendment to the amendment of the Act” in this case’s name.

However, even if there is a reason to reverse ex officio, the defendant's mental and physical disorder is still subject to the judgment of this court, and this is examined in paragraph (3) below.

3. According to the records on the Defendant’s assertion of mental and physical disorder, the Defendant was found to have been under medical treatment upon his diagnosis and drinking alcohol to a certain degree at the time of the instant crime, but in light of all the circumstances, including the background of the instant crime, the means and method of the crime, and the Defendant’s behavior before and after the instant crime, etc., the Defendant had no or weak ability to discern things, as alleged by the Defendant, at the time of the instant crime.

No. 3.