A. The defendant, without the purpose of retaliationing a mistake of facts, merely went to a restaurant operated by the victims to ask why the fine has been so many, and the victims would not be able to take the defendant first and enter the restaurant, thereby avoiding disturbance. However, the judgment of the court below which found the defendant guilty of the crime Paragraph 1, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts and the conclusion of the judgment of the court below.

B. At the time of committing the instant crime with mental disorder, the Defendant was under the influence of alcohol.

C. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant and his defense counsel asserted the same as the grounds for appeal in the original instance, and the lower court, under the title of “determination of the Defendant’s assertion”, explained in detail the legal principles on the purpose of retaliation and the facts recognized by the evidence duly adopted and investigated by the lower court, and determined that, in full view of such circumstances, the Defendant could sufficiently recognize that the crime under paragraph (1) of the same Article was committed for

The judgment below

Examining the reasoning in comparison with the record, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

The defendant's assertion of mistake is without merit.

B. In light of the motive and background of the instant crime, the process of the crime, and the Defendant’s speech and behavior immediately after the crime, which is acknowledged by the record as to the assertion of mental and physical disorder, it does not seem that the Defendant was aware that he had drinking alcohol at the time of the instant crime, but did not seem to have weak the ability to discern things or make decisions.

The defendant's mental disorder is also without merit.

(c).