The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was physically and mentally weak due to alcohol or alcohol dependence, depression, etc.

B. The lower court’s punishment (three years of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of ex officio appeal following the amendment to the indictment, the prosecutor’s first instance trial on the charge: ① “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the Defendant’s name; ② Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)” (a violation of the Punishment of Violences, etc. Act) (a violation of the Punishment of Violences, etc. Act) (a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), and (b) violation of the Punishment of Violences, etc. Act (a violation of Article 6, Article 3(4) and (3) of the Punishment of Violences, etc. Act, Article 2(1)3 and Article 350 of the Criminal Act (a) of the Punishment of Violences, etc. Act), and Article 3(4) of the Criminal Act were no more than 5 of the applicable Act; and Article 3(3) of the same Act (b) of the Punishment of Violences, etc.) of the Criminal Act was amended.

However, despite the above reasons for reversal, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and this is examined.

B. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the fact that the Defendant received medical treatment at the hospital after receiving the diagnosis of alcohol use, i.e., ex post facto disorder and sulfur disorder at the time of the instant crime.