A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

(a) The statement of reasons for appeal submitted by the defendant of mental or physical disorder shall prevail;

At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol.

B. The sentence sentenced by the lower court (6 months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to each evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of committing the instant crime.

However, in light of the circumstances leading to the instant crime, the specific method of crime, the Defendant’s behavior and attitude expressed before and after the instant crime, and the circumstances after the instant crime, etc., the Defendant had no ability to discern things or make decisions due to drinking at the time of the instant crime, or had weak ability to do so.

Therefore, this part of the defendant's assertion is without merit.

B. The instant crime of determining the illegality of sentencing is an unfavorable circumstance to the Defendant, on the following grounds: (a) the Defendant repeatedly threatened or assaulted the victim D, the principal restaurant operator, and threatened the victim G with the knife; (b) the nature of the relevant crime is not good; and (c) the Defendant has a record of having been subject to the criminal punishment of a fine or the suspension of indictment due to past

However, in addition to the favorable circumstances, such as the fact that the Defendant fully recognized the instant crime and that the Defendant was against the victim D during the period of detention exceeding five months, that the Defendant did not relatively focus on the degree of violence used to the victim D, that the Defendant met the victim D in the restaurant, and that it appears that the victim G was threatened with the victim G in order to comply with the misunderstanding of the victim by continuing to commit himself/herself while the Defendant escaped to the victim G who is an employee at the restaurant, and that the Defendant deposited KRW 300,000 for the victims at the lower court, the Defendant’s age, sex, environment, and family relationship.