A. The judgment of the court below which found the defendant guilty of this part of the facts charged even though the defendant's assault does not constitute "injury" under Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter "the provisions of this case"), is erroneous in the misunderstanding of facts and misapprehension of legal principles.

B. The Defendant was suffering from mental illness, such as symptoms of alcohol use dependence, dynamic disorder, and sacrific personality disorder, etc., and was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the crime.

(c)

The punishment sentenced by the court below [one year and six months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as indicated in the judgment below, and the crime of interference with the execution of official duties, and one year of suspended execution with prison labor for the crime of interference with the business as indicated in the judgment below] is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the injury of the provision of this case means that the injury of the victim’s body is prejudicial to the completeness or physiological function of the victim.

2) Comprehensively taking account of the following facts or circumstances revealed by the court below and the evidence duly admitted and investigated by the court below as well as the written diagnosis and injury diagnosis of the victim D’s victim D, the victim suffered bodily health problems and injury on the two sides of the victim D’s life function due to Defendant D’s assault (see Supreme Court Decision 9Do4305, Feb. 25, 200, etc.).

Recognized.

① A victim D unilaterally followed the Defendant, who had been seated on the back of the breath while driving the Defendant on board as a passenger, and reported damage to the U.S. police station in Ulsan immediately after the price was calculated twice.

(2) The victim D shall be referred to as "Defendant D" at the Ulsan Coastal Police Station.