The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court (one year and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by authority, the prosecutor applied for changes in the indictment to "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act," and "Article 257 (1) of the Criminal Act," respectively, "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and the judgment of the court below was changed to the subject of the judgment by this court after permission.

However, despite the above reasons for reversal ex officio, the grounds for appeal as to the defendant's mental and physical weakness are still subject to the judgment of this court. Thus, the above grounds for appeal are changed.

3. According to the evidence duly admitted and examined by the court below on the defendant's mental and physical weak argument, the defendant was found to have drinking alcohol at the time of the crime of this case, but in light of various circumstances such as the background and means of the crime of this case, the behavior of the defendant before and after the crime of this case, and the defendant's statement in the process of the crime of this case, it cannot be deemed that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case. Thus, this part of the defendant's assertion is without merit.

4. The court below's decision is erroneous.