A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

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

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

2. Determination

A. According to the records as to the assertion of mental disorder in this case, even though the defendant was in a drunken state at the time of the crime in this case, considering such circumstances, considering the circumstances, the defendant's attitude and behavior before and after the crime in this case cannot be deemed to have reached a state where the defendant has lost or weak ability to discern things or make decisions. Thus, the defendant's mental and physical disorder argument cannot be accepted.

B. We examine the unfair argument of sentencing: (a) even though there were many criminal records of violence, the Defendant committed the instant crime; (b) however, there are circumstances unfavorable to the Defendant; (c) the Defendant recognized the instant facts charged and reflects his mistake in depth; (d) the Defendant was a criminal act that occurred by contingency while under the influence of alcohol; (c) the Defendant agreed with the victim in depth; (d) the degree of injury was relatively heavy; (e) the Defendant sent the time of reflect while living in custody for a period exceeding two months; and (e) the Defendant attempted to drink the alcohol.

In full view of all other circumstances shown in records and pleadings, such as the fact that the court below's sentence imposed on the defendant is too unreasonable because the sentence imposed on the defendant is too unreasonable. Thus, the defendant's argument is with merit.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.