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. The Defendant, at the time of the instant crime, was in a state of mental disability under the influence of alcohol.

B. The lower court’s imprisonment (one year and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. According to the result of the sentencing investigation requested in the trial of the judgment on the claim of mental retardation, more than 12 points are classified as a person subject to the alcohol usage disorder in the grading method, more than 15 points, and more than 25 points into alcohol addicts. As a result of the diagnosis examination, the Defendant: (a) was found to have a serious problem in alcohol use with the total point of “33 points;” and (b) the Defendant experienced the symptoms of “boom-out,” whose memory is lost after drinking, more than 3 to 4 times per ordinary month; (c) the motive and content of the instant crime; (d) in other words, the Defendant did not specify that he was aware of a large amount of cattle more than ordinary liquor at the time; and (e) on the ground that the victim’s ability to make a decision on the head of a beer is insufficient due to the following reasons: (a) the Defendant appears to have been under the influence of alcohol or under the influence of alcohol at the time of committing the instant crime.

Therefore, the judgment of the court below which neglected this is erroneous in the misapprehension of legal principles as to mental and physical disability, or in the misapprehension of legal principles, which affected the conclusion of the judgment.

3. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the judgment below is again decided after pleading as follows.

Criminal facts

The summary of the facts constituting the offense and the evidence admitted by the court is to change things under the influence of the judgment of the court below on October 13, 2013.