The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was physically and mentally lost or physically weak due to the occurrence of a halluculation by taking place in a state where he/she was exempted from the Defendant at the time of the instant crime, and thus, the Defendant should not be punished for the crime

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

2. The mental and physical disorder provided for in Article 10 of the Criminal Act is a biological factor, which requires that the mental disorder, other than mental disorder such as mental illness, mental weak or abnormal mental condition, lacks or decrease in the ability to distinguish things due to such mental disorder (see Supreme Court Decision 92Do1425, Aug. 18, 1992, etc.). The following circumstances acknowledged by the court below and the evidence duly adopted and examined by the court below, namely, the defendant had been treated as alcohol dependence after alcohol dependence before several years, and the defendant had been under the influence of alcohol at the time of the crime in this case. The defendant had shown that he had been unable to do so for a considerable period of time, such as mental disorder or abnormal mental condition, and that the mental disorder of this case has continuously been affected by other male persons and alcohol at the time of the crime in this case.