The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Summary of Grounds for Appeal

The Defendant was under the influence of alcohol at the time of committing the instant crime, and had no or weak ability to discern things or make decisions due to mental illness such as alcohol addiction.

The court below's sentence of unfair sentencing (4 months of imprisonment) is too unreasonable.

Judgment

According to the records on the assertion of mental disorder, it is recognized that the Defendant was in the state of drinking alcohol at the time of the crime and received hospitalized treatment due to alcohol addiction, etc., but in light of various circumstances, such as the process, method and method of the crime, and the Defendant’s speech and behavior before and after the crime, it does not seem that the Defendant did not have the ability to discern things or make decisions due to drinking or mental disorder, and therefore, the above assertion by the Defendant is without merit.

This case concerning the assertion of unfair sentencing is an unfavorable circumstance in which the case was made in a restaurant or drinking house of another person on several occasions, and the case was not easy, the case was allowed to have the same criminal records, and the crime was committed during the suspension period of the execution of the same kind of punishment.

However, in light of the fact that the defendant's mistake is recognized, the amount of damage does not exceed the amount of damage and the fact that all victims have reached an additional agreement with the victims in this court is more favorable. In full view of the defendant's age, character, conduct, occupation and environment, motive and circumstance leading to the crime of this case, circumstances after the crime of this case, etc., the court below's punishment is somewhat unreasonable and unreasonable. Thus, the defendant's argument is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.