The part of the case of the defendant is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that this judgment.

A. The Defendant, who was mentally and physically weak, at the time of committing the instant crime, should be mitigated from punishment on the grounds that he was physically and mentally weak due to the use of depression and drinking.

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

2. Determination

A. The mental and physical disorder stipulated in Article 10 of the Criminal Act regarding the assertion of mental and physical weakness is a biological element, and it is necessary to say that the mental disorder, other than mental disorder such as mental illness or abnormal mental condition, lacks or reduces the ability to discern things and control the act accordingly. Thus, even if a person with mental disorder is a person with normal mental disorder at the time of the crime, if he/she had the ability to discern things or control the act at the time of the crime, he/she cannot be deemed a mental and physical disorder (see, e.g., Supreme Court Decision 2006Do7900, Feb. 8, 2007). In light of the process, method and method of the crime in this case, the defendant's behavior before and after the crime in this case, and the statement of the victims, there is a lack of ability to discern things at the time of each crime in this case

shall not be deemed to exist.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The instant case is that the Defendant, an apartment management engineer, has inflicted an injury on, assaulted, or threatened an apartment resident, etc. with dangerous articles, and thus, the method and nature of crime is not good.

However, all of the defendants are recognized as committing crimes, and they are against themselves.

After agreement with the victim D in the court below, the court below agreed with the remaining victims in the trial, and all victims agreed to the defendant's prior action.

The extent of injury or damage of victims is very serious.

It does not appear.

The Defendant has no record of criminal punishment except once a fine due to drinking driving.

Such circumstances and the Defendant’s age, sex, environment, and age.