The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant suffered from mental illness such as a impule disorder at the time of the instant crime, and was drunk and was in a state of mental disorder.

Nevertheless, the judgment of the court below which did not reduce the punishment in consideration of this, is erroneous in the misapprehension of legal principles as to mental disability.

B. In light of the fact that the defendant is against unreasonable sentencing, the punishment imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of all circumstances, such as the background leading up to the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, the fact that the Defendant was under the influence of alcohol at the time of the instant crime, but was suffering from a recurrence friendly disorder, does not seem to have the ability to discern things or make decisions, even though the lower court’s judgment as to the claim of mental or physical disability and the evidence duly admitted and investigated by the court below and the trial court.

Therefore, this part of the defendant's argument is without merit.

B. In light of the background, method, and consequence, etc. of the instant crime, the Defendant’s nature of the crime is not less severe, the Defendant has a number of criminal records, including the previous criminal records, and in particular, the Defendant committed the instant crime without being aware of it during the period of repeated crime due to the same criminal conduct.

However, there are favorable circumstances such as the fact that the defendant's mistake is divided and seriously reflected, the fact that the defendant suffers from the depression disorder, the fact that the defendant supports the defendant.

In this context, considering the various circumstances shown in the records and arguments, the sentence imposed by the court below on the defendant is somewhat inappropriate.

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