The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

The judgment below

Part of acquittal.

Defendant

In August 1, 2012, 2012, there is a fact that the victim E is under the influence of alcohol in the victim E's residence, but there is no fact that the victim E is under the risk of dangerous objects.

In addition, on August 4, 2012, only visited the victim E house, and there is no fact that assaulted the victim E.

Although each of the crimes listed in paragraph (2) of the facts constituting a crime in the judgment of the court below (the crime committed habitually violence) is difficult to be deemed to have been caused by the outbreak of violent habit, the court below erred by misapprehending the legal principles that recognized the habituality of the judgment of the court below and punished as a crime of violating the Punishment of Violences, etc. Act with the largest punishment (Habitual injury).

A mentally ill-minded defendant was in a state of mental disability due to alcohol coexistence at the time of each of the instant crimes.

The sentence of unfair sentencing (two years and six months of imprisonment) by the court below is too unreasonable.

Although there is credibility of the statement made by the police of T and H on August 1, 2012 by the defendant of the erroneous determination of facts (not guilty portion) by affixing the kitchen floor which is a dangerous thing at F's residence on August 1, 2012, the court below denied its credibility on the ground that T and H reversed the statement at the court of original instance, and found the defendant not guilty on the grounds that there is a lack of evidence to prove this part of the facts charged.

The sentence of unfair sentencing by the court below is unfair because it is too uneasible.

Judgment

Defendant

The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, namely, the victim E stated that he was injured or abused by the Defendant, as stated in this part of the facts charged, immediately after the occurrence of the crime on August 4, 2012 (hereinafter the evidence record No. 88), and the victim E made a statement about the developments, time, place, etc. of the assault by the police in the lower court.