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. At the time of the instant crime, the Defendant was under the influence of alcohol, and was in a state of mental or physical disorder having no or weak ability to discern things or make decisions.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, the fact that the Defendant committed the instant crime while drinking alcohol may be acknowledged. However, in light of the background of the instant crime, the circumstances before and after the instant crime, the Defendant’s behavior at the time of the instant crime, etc., it is not deemed that the Defendant did not have or lacks the ability to discern things at the time of the instant crime.

This part of the defendant's assertion is not accepted.

B. The instant crime of determining the illegality of sentencing is one of the six instances of the victim’s head and head, etc. as the Defendant’s dangerous object, and the crime is not somewhat weak.

The defendant has already been punished by a fine due to violence and by a suspended sentence of imprisonment.

Furthermore, on June 15, 2016, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution for a special injury at the Jung-gu District Court on June 15, 2016, and the above judgment became final and conclusive on June 23, 2016.

While committing the instant crime during the suspended execution period, the Defendant was punished by a fine on November 28, 2017 with respect to a violation of duties during the suspended execution period, and the Defendant was punished by a fine not exceeding three million won due to a crime of interference with duties by the District Court of Jung-gu on November 28, 2017, and the said judgment became final and conclusive on December 6, 2017.

One month has not yet passed.

Such a defendant is likely to be criticized because of the lack of compliance consciousness and effort to prevent recidivism.

However, the defendant is living under detention for a period of three months when committing the crime of this case.