The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of three hundred thousand won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of the instant case.

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

2. The lower court, ex officio, decided to judge the instant case according to a simplified trial procedure, and sentenced the Defendant to one year of imprisonment with prison labor, recognizing that all the charges charged against the Defendant were convicted.

Although the Defendant made a statement that recognized all the facts charged on the fourth public trial of the lower court, the Defendant, while on the other hand, at the time of interrogation of the police under the proviso of Article 923 of the High Court Order 2017, did not completely memory under the influence of alcohol.

“The present case constitutes a statement of fact with the reason for the reduction of or exemption from punishment prescribed in Article 323(2) of the Criminal Procedure Act, and thus, this case does not constitute a subject of adjudication by a simple procedure of a trial.

Therefore, the judgment of the court below cannot be maintained as long as the court below revoked the judgment of the court below which decided to judge in a simple trial in accordance with Article 286-3 of the Criminal Procedure Act.

However, despite the existence of the above reasons for reversal ex officio, the defendant's mental and physical disorder still is subject to the judgment of this court, and this is examined below.

3. According to the records on the assertion of mental and physical disorder, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, in light of the background, means and methods of the crime of this case, the defendant's attitude and behavior before and after the crime of this case, and the circumstances after the crime of this case, it cannot be deemed that the defendant did not have the ability to discern things or make decisions at the time of the crime of this case,

This part of the defendant's assertion is without merit.

4. The judgment of the court below is correct.