The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Summary of Grounds for Appeal

Defendant

The Defendant alleged mental disorder was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

The sentence of the court below (one year and six months of imprisonment) against the defendant claiming unfair sentencing is too unreasonable.

The sentence of the lower court against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below, the defendant was found to have been drinking about 5 soldiers at the time of each of the crimes of this case. In light of such facts and the circumstances leading to the crime of this case, the means and mode thereof, and the circumstances before and after each of the crimes of this case, the defendant did not have the ability to discern things or make decisions at the time of each of the crimes of this case, but it is recognized that the defendant had weak ability to do so under the influence of alcohol. Thus, the defendant's mental and physical disability argument is with merit.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's and the prosecutor's assertion of unfair sentencing, and the defendant's appeal is again decided

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for the addition of “the defendant committed any of the following crimes under the influence of alcohol, with weak mental and physical disorder,” following the 14th page of the judgment of the court below, and thus, it is identical to the corresponding column of the judgment of the court below. As such, it is cited as it is in accordance

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1.Article 40 of the Criminal Code of Trade and Trade.