A defendant shall be punished by imprisonment for six months.

Of the facts charged in this case, assaulted on January 16, 2014.

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

B. Unless otherwise, the lower court’s sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant prior to determining ex officio.

Of the facts charged in the instant case on January 16, 2014, the crime of assault falls under Article 260(1) of the Criminal Act and constitutes a crime of non-compliance under Article 260(3) of the Criminal Act. The fact that a written agreement indicating the victim D’s intention to not punish is clearly recorded in the record, which was submitted to the lower court on November 10, 2014, prior to the pronouncement of the lower judgment.

Thus, on January 16, 2014, among the facts charged in the instant case, the court below sentenced the dismissal of public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, but the court below erred and convicted the defendant.

Therefore, the judgment of the court below is no longer maintained.

However, the defendant's argument of mental disability is still subject to the judgment of this court, so it will be examined.

B. According to the records of the judgment on the claim of mental disability, even though the defendant was found to have drunk at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, etc., it is not deemed that the defendant had the weak ability to discern things or make decisions at the time of the crime of this case, and therefore, this part

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

Criminal facts

The defendant is at the Busan District Court on September 29, 2009.