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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal was under the influence of liquor at the time of the instant crime, and was in a state of mental disability, and in light of the various circumstances of this case, the sentence imposed by the court below against the Defendant (one year of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined in the court below's judgment as to the claim of mental disability, the defendant is deemed to have committed a part of the crime of this case after drinking, but in light of the circumstances leading up to the crime of this case, the method and method of the crime, the defendant's behavior before and after the crime of this case, etc., it cannot be deemed that the defendant was in a state of lacking ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus,
B. In light of the fact that the defendant's judgment on the assertion of unfair sentencing was carried out in F, who is an vegetant F, and forged and used a certificate of arrest of a flagrant offender under the name of the vegetator in order to escape from criminal punishment against himself, and that the F was actually sentenced to a fine, the crime of this case is very poor, and that the defendant has a past record of criminal punishment over several occasions, such as five times the sentence of the crime of this case, one time the suspended execution, three times the fine, etc., the defendant is against the disadvantage, but the defendant made a confession of the crime of this case at the trial, and the F does not want the punishment of the defendant, and the defendant does not want the punishment of the defendant, taking into account the favorable circumstances such as the defendant's age, character and behavior, environment, the background and result of the crime of this case, and all the sentencing conditions shown in the records and arguments of this case, the above argument of unfair sentencing is reasonable.
3. Accordingly, the defendant's appeal is justified, and the judgment of the court below is reversed and it is so decided as follows.