The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. At the time of preventing the instant crime, the Defendant was in a state of mental and physical weakness by drinking alcohol.

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor changed the name of the Defendant to “Habitual assault” from “violation of the Punishment of Violences, etc. Act (Habitual Violence)” in the first instance trial, and applied the law to “Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act” to “Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act,” and applied for amendments to a bill of amendment to the indictment. Since this court permitted this, it was subject to the judgment by this court, the lower court was no longer maintained.

However, although the judgment of the court below has the above reasons for reversal, the defendant's mental and physical weak argument is still subject to the judgment of the court, and this is examined.

3. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was found to have committed the instant crime under drinking, in view of the circumstances following the commission of the instant crime, the circumstances leading to the instant crime, and the Defendant’s behavior at the time, etc., the Defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of stopping the instant crime.

Therefore, the defendant's mental and physical weakness are without merit.

4. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.