The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

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

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

2. According to the records on the assertion of mental and physical loss or mental weakness, although the defendant was found to have drinking alcohol at the time of the crime of this case, in light of the background and method leading up to the crime of this case, the horses and behavior of the defendant before and after the crime of this case, etc., the defendant had no or weak ability to discern things due to the above disability at the time of the crime of this case.

Therefore, the defendant's mental and physical loss or mental weakness cannot be accepted.

3. The instant crime of this case, which judged the illegality of sentencing, was committed jointly with E by the Defendant, and the Defendant was punished as an assault crime several times in the past, and the Defendant committed the instant crime again during the period of repeated crime due to the assault crime.

However, it appears that the defendant was living in custody for a period of two months in depth and reflects his mistake. The case is that the defendant and the victim were fighting with each other, and the defendant did not unilaterally commit the crime of this case, and the victim did not have any aspect of inducing the crime of this case. At the investigation stage, the defendant and the victim expressed their intention not to be punished by the other party, and the fact that the defendant's wife wanted the defendant's wife, etc. are considered as favorable circumstances to the defendant, such as the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc.