The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was physically and mentally weak.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the following circumstances acknowledged by the court below's duly adopted and investigated evidence, i.e., the defendant drinks more alcoholic beverages than his own share, ii) the investigative agency stated that "the defendant sent alcohol to coper at that time." iii) G in the investigative agency stated to the effect that "the defendant was under the influence of alcohol," "the defendant was under the influence of alcohol," iii) "the defendant was under the influence of alcohol to the victim who was under the influence of alcohol, and thus, the defendant was under the influence of alcohol," iv) other circumstances, methods and contents of the crime of this case, and the defendant's behavior and attitude before and after the crime of this case, it is acknowledged that the defendant had the ability to discern things or make decisions under the influence of alcohol."

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

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as stated in the corresponding column of the judgment below, except for the addition of "in the situation where the defendant lacks the ability to discern things or make decisions under the influence of alcohol" to the part of "in the third floor of E, the third floor of E" in paragraph (1) 1 of the same Article among the reasoning of the judgment of the court below, and therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;