The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Summary of Grounds for Appeal

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

Judgment

A. According to the records of this case as to mental and physical disability, even though the defendant is found to have served alcohol at the time of the crime of this case, in light of various circumstances, such as the process, method and method of the crime, and the defendant's speech and behavior before and after the crime of this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, the above assertion by the

B. Whether or not the Defendant committed the instant crime is an unfavorable sentencing factor in that: (a) the Defendant was committed two times of violence; (b) was sentenced to imprisonment with prison labor due to larceny; and (c) the period of repeated crime resulting therefrom was terminated and long; and (d) the Defendant committed the instant crime.

However, considering the following as a whole: (a) the Defendant’s criminal act is against the recognition of his/her own criminal act; (b) the appellate court has reached an agreement with the victim; and (c) the degree of damage to the victim does not seem to be significant, etc.; (d) other factors of sentencing are favorable; (e) various factors of sentencing indicated in pleadings, such as the background of the instant crime; (e) circumstances after the instant crime; (g) the Defendant’s age, character and conduct; and environment; and (e) the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (type 4 (type of intimidation (type of habitual, repeated, and special intimidation): 4 months or one year: Imprisonment with labor);

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.