A. The defendant with a mental disorder was in a state of mental disorder due to the detention at the time of committing the crime in violation of the Punishment of Violences, etc. of this case (a group, deadly weapon, etc.).

B. In light of the fact that the defendant led to the confession and reflect of the crime of this case, the defendant is in the position to raise two children after the divorce, and the defendant agreed with the victims of the crime of this case, the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, it is recognized that the defendant had drinking alcohol on November 5, 2012, which was the time when the crime was committed in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), but the defendant went around around November 19, 2012, immediately after the crime was committed and went away from the scene, and the defendant stated specifically that the victim He was guilty of committing the crime on November 22, 2012 in light of the following: the defendant's main quantity, the circumstance of the crime in this case, and the means and method of the crime; thus, it is not deemed that the defendant had a weak ability to discern things or make decisions due to drinking at the time of the crime in this case; thus, the defendant's assertion above is without merit.

B. Taking into account the circumstances in which the Defendant asserts unfair sentencing, the Defendant had been punished several times for a road traffic-related crime or a violent crime in the past, and the Defendant again committed the instant crime on June 25, 2010, even though he/she was sentenced to four months of imprisonment for a violation of the Road Traffic Act in the Changwon District Court’s territorial branch on April 2, 2010 and completed the enforcement of the sentence, and again committed the instant crime on June 25, 2010. The instant crime of violation of the Punishment of Violences, etc. Act (injury to collective organizations, deadly weapons, etc.) is prosecuted by the Defendant against the Act on the Aggravated Punishment, etc. of Specific Crimes.