1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental or physical weakness or loss.

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in the indictment of this case with the name of "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special injury", and Article 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) and Article 257 (1) of the Criminal Act" respectively, and this court permitted this.

As above, the judgment of the court below cannot be maintained as it was changed, but the defendant's mental and physical argument despite the above reasons for reversal of authority is still subject to the judgment of the court of this Court, and it will be below.

3. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was aware of drinking at the time of committing the instant crime, in light of the background of the instant crime, the means and method of committing the instant crime, etc., it does not appear that the Defendant did not have or lacks the ability to discern things due to drinking at the time of committing the instant crime.

Therefore, the defendant's mental disorder is without merit.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed without further proceeding to decide on the defendant's unfair argument of sentencing.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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