The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Examining the record of the instant case’s judgment ex officio, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) in the Incheon District Court’s Branch Branch on September 5, 2014, and for two years of suspended execution and 80 hours of community service, and such judgment became final and conclusive on January 30, 2015.

The punishment of the above crimes of violation of the Punishment of Violences, etc. Act (joint assault) and each of the above crimes of this case, for which a judgment has become final and conclusive, shall be determined by taking account of equity and equality with the concurrent judgment pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. Therefore

However, even if there are such reasons for ex officio destruction, the defendant's mental and physical argument is still subject to the judgment of this court, and this is examined below.

B. Comprehensively taking account of the evidence duly admitted and examined by the court below, it may be recognized that the defendant had a drinking condition at the time of each of the crimes in this case, but the defendant did not have the ability to discern things or make decisions due to drinking at the time of each of the crimes in this case.

Since it does not seem that it has reached a state or weak, the defendant's assertion is without merit.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the facts charged by the court below, and the defendant is the defendant in front of the facts charged by the court below, in Incheon District Court on September 5, 2014.