The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant was under the influence of alcohol at the time of committing the crime, he was in a state of mental and physical loss or mental weakness, the lower court committed a mistake that did not recognize it.

2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. According to the evidence adopted by the court below regarding the Defendant’s mental and physical assertion, the Defendant appears to have been under the influence of alcohol at the time of committing the crime. However, in light of the process of committing the crime and the circumstances before and after the crime, it is not deemed that the Defendant committed a physical and mental loss or mental weakness. Therefore, the Defendant’s mental and physical assertion is without merit.

B. Circumstances unfavorable to the argument that the sentencing of the defendant and the prosecutor is unfair: The nature of the crime is not very good.

There are many records that the defendant was punished for the same crime.

It is a crime during the period of repeated crime.

The favorable circumstances: The defendant shows his attitude to recognize and reflect the facts of the crime.

In the court below, some victims expressed their intention not to punish the defendant, and the victim of the crime that interfered with the business of 2017 High Order 3835 expressed his intention not to punish the defendant.

In full view of the following factors: (a) the Defendant’s age, character and conduct environment, including the above unfavorable circumstances, favorable circumstances, relationship with victims, motive means of crime, and the circumstances after the crime; and (b) the sentencing conditions and the scope of recommended sentences according to the sentencing guidelines as stated in the instant arguments and records, such as the circumstances after the crime, etc., the sentence imposed by the

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment is again rendered as follows (the prosecutor's appeal is without merit, but without merit).