A defendant shall be punished by imprisonment for one year.

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

A. The Defendant’s crime of this case with mental disorder was committed under the influence of alcohol and physical and mental weakness.

B. The punishment of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

가. 심신장애 주장에 관한 판단 피고인은 원심에서도 위 항소 이유와 같은 주장을 하였는데, 원심은 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사실 즉, 피고인이 이 사건 범행 당시 피해자를 알아보고, 계속하여 시비를 걸다가 쇠 젓가락으로 강하게 2회 얼굴을 찌른 사실, 그 후에도 계속하여 피해자와 몸싸움을 한 사실, 신고를 받고 출동한 경찰관에 의해 체포될 때 인적 사항에 관하여 “ 모른다” 고 답하고, 지 병이 있는 지에 관하여는 “ 뭘 그런 것을 묻고 그러네

The defendant's assertion was rejected in light of the facts stated in "the answer."

In light of the fact that the Defendant committed the instant crime under drinking, even though it is recognized that the Defendant had committed the instant crime, considering the background, process of the crime, and the Defendant’s behavior before and after the crime, it does not seem that the Defendant lost the ability or decision-making ability to discern things, or that it did not seem that it did not fall under weak conditions.

Therefore, the judgment of the court below is just and acceptable, and this part of the defendant's assertion against this is without merit.

B. We examine the judgment on the unfair argument of sentencing. The crime of this case was found to have caused the injury on the left side of the victim by snicking sofed fish, one time each, on the left side of the victim. The method of the crime is dangerous, the degree of injury is grave, and the defendant has been punished three times for the same violent crime, but it is recognized that the defendant led to the confession of his criminal act and against himself, and the victim was agreed at the court below.