A. Article 327 subparagraph 6 of the Criminal Procedure Act, since the defendant in the first instance judgment (legal scenario) did not want the defendant to be punished by the victim by mutual consent with the victim, the judgment dismissing the public prosecution should be sentenced.

B. The Defendant with mental disorder 1 of the second lower judgment was in the state of mental disorder by drinking at the time of the instant crime. 2) The sentence of imprisonment (one year and six months) of the lower judgment on unreasonable sentencing is too unreasonable.

2. Determination

A. As to the judgment of the court of first instance, the expression of intention not to punish a person who is not subject to punishment should be made before the judgment of the court of first instance is rendered (Article 232(1) and (3) of the Criminal Procedure Act), the above assertion by the defendant cannot be accepted.

B. According to the evidence duly adopted and examined by the court below, the defendant was under influence at the time of committing the crime of this case, but the defendant was found to have lost or weak ability to discern things or make decisions. Thus, the defendant's mental and physical disability argument is without merit. 2) The defendant's criminal defendant's records of punishment of unfair sentencing can be deemed to have been punished with the previous charges, and the defendant committed the crime of this case without being aware of it during the repeated crime period, the crime of this case is deemed to be bad, and the crime of this case is likely to be injured, equity with other similar cases, and other various sentencing factors. Thus, the defendant's above assertion is not unfair because the sentence of the court below is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.