A defendant shall be punished by imprisonment for not less than two years and six months.

A. At the time of stopping the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, it is acknowledged that the defendant committed the crime of this case while drinking, but in light of the circumstances before and after the commission of the crime of this case, the circumstances leading to the crime of this case, the defendant's behavior at the time of committing the crime of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things due to drinking, and therefore, the defendant's mental and physical disorder assertion is without merit.

B. Although the Defendant had been punished by imprisonment, suspension of the execution of imprisonment, and fine on several occasions for the same kind of crime as the instant crime, the Defendant committed the instant crime, the Defendant’s face and head at least five times with a wooden camping net (78cm in length), which is a dangerous object, without any reasonable ground, and used the victim’s face and head at least six-day treatment, and caused the victim by cutting off the inner and inner walls, etc., in light of the method of the instant crime, the degree and degree of the injury suffered by the victim, and the victim and his family suffered serious mental pain due to the instant crime. However, even though the Defendant did not receive a letter from the victim due to an agreement with the victim, the Defendant did not receive a letter of intent from the victim. However, the Defendant supported a male son who has a mental disorder, and the Defendant purchased the victim’s face and head from the victim’s operation, and committed another crime.