A defendant shall be punished by imprisonment for not less than eight months.

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

A. At the time of the physical and mental disorder, the Defendant was in a state of mental disorder or mental disability under the influence of alcohol.

B. The imprisonment of the first instance court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, although the defendant was deemed to have drinking alcohol at the time, the defendant did not have the ability to see the right and wrong of things or make decisions due to drinking alcohol at the time in light of the background, means and methods of the crime, and the circumstances after the crime.

There was no or weak state.

The defendant's mental disorder is without merit.

B. As to the assertion of unreasonable sentencing, the Defendant led to confession and reflects on the crime.

There is no criminal conviction or fine exceeding the same criminal record or fine for the defendant.

In the past, the defendant does not want the punishment of the defendant by mutual consent with the victim.

In addition, the first instance court's punishment is too unreasonable in light of the following factors: the defendant's age, character and conduct, the environment, the circumstances, details, results, and all the sentencing conditions shown in the records and arguments, such as the circumstances after the crime.

The defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts of the crime recognized by the court and the summary of the evidence are as shown in the corresponding column of the judgment of the court of first instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

1. Social service order under Article 62-2 of the Criminal Act;