A. The Defendant did not commit any act identical to the facts constituting a crime.

B. At the time of committing the crime, the Defendant was in a state of mental and physical loss and mental weakness by drinking alcohol.

(c)

The punishment of the court below (4 months of imprisonment, 1 year of suspended sentence) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence on the assertion of mistake of facts, namely, ① the victim stated in the investigative agency that “the Defendant was fluored by the fluor and customers inside the fluor, such as the Defendant fluoring of the meb, fluoring of the meb, fluoring of the meb while taking a bath, and ② On-site photographs, it is confirmed that the fluoral disease was confirmed, such as criminal facts, and the Defendant’s act interfered with the victim’s business, and thus the Defendant’s intent is also recognized.

Therefore, the defendant's assertion is without merit.

B. According to the record on the assertion of mental disorder, even though the Defendant was aware that he was drinking at the time of committing the instant crime, in light of the background of the instant crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant was in a state of having no or weak ability to discern things or make decisions due to drinking, etc. at the time of committing the crime

Therefore, the defendant's above assertion is without merit.

(c)

The fact that the defendant has difficulties in maintaining his/her livelihood, and there is no record of crime exceeding the fine, etc. are favorable circumstances.

However, in light of the criminal law and the degree of damage of the defendant, the crime of this case is not good, and the defendant has been punished once due to interference with business, even though he had been punished several times due to the crime, such as injury, damage of property, etc., and has repeated the crime of this case until now.