A defendant shall be punished by imprisonment for not more than ten months.

A. The sentence of imprisonment (one year of imprisonment) imposed by the lower court is too unreasonable.

B. The Defendant has committed the instant crime in a state of mental disorder or mental disability.

2. According to the evidence duly adopted and examined by the first instance court ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to four months of imprisonment for the crime of assault at the Seoul Central District Court on December 13, 2018, and the judgment became final and conclusive on December 21, 2018, and the crime of this case is concurrent with the crime of this case for which judgment became final and the latter part of Article 37 of the Criminal Act.

Therefore, in accordance with Article 39(1) of the Criminal Act, punishment for the instant crime should be sentenced in consideration of equity with the case where a judgment becomes final and conclusive at the same time. Therefore, the judgment of the court below is no longer maintained.

Nevertheless, the defendant's argument of mental or physical disability is still subject to the judgment of this court.

3. According to the records duly adopted and examined by the court below as to the defendant's defectiveness or mental disability claim, it is recognized that the defendant drank alcohol at the time of committing the crime.

However, in light of the motive, background, means and method of each of the instant crimes indicated in the record, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol.

It does not seem that the state has reached a weak or weak state.

Even if the defendant was in a state of mental or physical disability under the influence of alcohol at the time of committing the crime, the defendant had shown a tendency to commit the act of causing harm, such as using violence or obstructing another person's business, etc. prior to committing the crime, and it can be predicted that the defendant himself can also be well aware of this, thereby blocking violent crimes, etc.