The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A. The Defendant was under medical treatment due to alcohol dependence, depression, etc., and under the influence of alcohol at the time of the instant crime, the Defendant had weak ability to discern things or make decisions.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the trial court as to the assertion of mental and physical disorder, it does not seem that the Defendant was in a state or lacks the ability to discern things or make decisions due to drinking, in view of the following: (a) the process leading up to the instant crime; (b) the means and method of the crime; (c) the Defendant’s act before and after the crime; and (d) the circumstances after

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unreasonable sentencing, the instant case does not mean that the Defendant inflicted an injury on the victim, i.e., a dangerous object during the period of repeated offense.

However, in full view of the various circumstances, including the defendant's age, character and conduct, environment, motive, means, and method of the crime, the defendant's punishment against the defendant is somewhat inappropriate, and thus, the defendant's assertion of unfair sentencing is justified, given that the defendant's punishment against the defendant is somewhat inappropriate, inasmuch as he/she is found to be unfair, considering that the defendant was committed the crime of this case by walking his/her face from the victim, and the victim did not want to be punished against the defendant by mutual consent with the victim, and the victim's bodily injury cannot be neglected.

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (2) of the Criminal Procedure Act, the part of the judgment of the court below against the defendant is reversed ex officio, and it is again decided as follows.

Criminal facts

Criminal facts recognized by this court as well as summary of evidence shall correspond to the relevant column of the original judgment.