The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. On June 29, 2018, the Defendant was in a state of mental, physical, or mental loss by drinking alcohol at the time of the remaining crime except for the crime of intrusion upon one’s residence.

B. The punishment of the lower court (one hundred months of imprisonment, and one hundred thousand won of fine) is too unreasonable.

2. Determination:

A. According to the record on the assertion of mental disorder, in light of the background leading up to the Defendant’s crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions at the time of the crime.

Therefore, the defendant's above assertion is without merit.

Even if the defendant had weak ability to discern things or make decisions due to excessive drinking at the time of the crime of this case, Article 10(3) of the Criminal Act provides that the preceding two paragraphs shall not apply to the act of a person who predicted the occurrence of danger and caused a person's mental disorder. This provision includes not only an intentional act in the cause but also a free act in the cause due to negligence and also an act in the cause due to negligence and may have predicted the occurrence of danger (see Supreme Court Decision 2005Do6758, Nov. 25, 2005). In light of the above, the defendant can have been punished for the same crime committed in the state of liquor. In light of the above, the defendant was aware or could have been aware that the risk of repeating the same crime of this case was sufficiently aware or known.

In addition, since the defendant himself drinks before the crime was committed and caused the state of mental disorder, it is reasonable to reduce the defendant's ability to assume responsibility due to mental and physical weakness in accordance with Article 10 (3) of the Criminal Act.

B. The Defendant’s judgment on the unfair argument of sentencing is a single crime.