A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

A. At the time of committing the crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A. In light of the circumstances acknowledged by the evidence examined by the lower court as to the assertion of mental and physical disorder, the circumstance leading up to the crime, the means and method thereof, the Defendant’s attitude and behavior before and after the crime, and the circumstances after the crime, etc., it cannot be deemed that the Defendant was aware that he had drinking alcohol at the time of the crime, but the Defendant did not have the ability to discern things or make decisions.

This part of the defendant's assertion is not accepted.

B. The instant crime of determining unfair sentencing is an unfavorable circumstance where the Defendant, without any reason, attacked the victims and inflicted an injury, and the nature of the crime is not good.

On the other hand, the fact that the defendant acknowledges and reflects the crime of this case, the degree of injury of the victims is relatively not more severe, the victim D agreed at the investigation stage with the victim D, and the victim E of special injury was in the first instance, and the victim does not want the punishment of the defendant, and the first offender is more favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is deemed unreasonable and inappropriate. Therefore, the Defendant’s assertion is with merit.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be recorded in the corresponding columns of the original judgment.