The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 shall be confiscated.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental and physical disability due to alcohol acute addiction, personality disorder, etc.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the written mental appraisal of the Defendant of the Medical Treatment and Custody Director following the request for mental appraisal by this court, the Defendant appears to have increased alcohol harmful and specific personality disorder. In full view of the motive, circumstance, means and mode of the instant crime, the Defendant’s behavior before and after the instant crime, etc. recognized by the evidence duly adopted and investigated by the court below, it is determined that at the time of the instant crime, the Defendant appears to have shown an inappropriate aggressive behavior, emotional instability, and disorder in judgment due to the symptoms of alcohol addiction other than the above mental evidence.

Therefore, it is reasonable to view that the Defendant was in a state of mental disability, where the ability to discern things or make decisions was deteriorated due to the symptoms of alcohol addiction at the time of committing the instant crime.

Therefore, the defendant's argument of mental disability is justified.

3. If so, the defendant's appeal is reasonable. Thus, without examining the defendant's argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[C] The summary of the facts constituting the crime and the evidence admitted by the court is the summary of the facts constituting the crime and the summary of the evidence. The first head of the second head of the second head of the judgment of the court below in the criminal facts constituting the crime is changed to "the defendant has a weak ability to discern things or make decisions due to the symptoms of alcohol acute addiction," and '1. The summary of the evidence is "a mental sentiment prepared by the Medical Treatment and Custody Director" in the summary of the evidence.