The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The Defendant’s defense counsel on the gist of the grounds for appeal asserts mental and physical disability that “the Defendant committed the instant crime under the conditions of mental and physical weakness due to full taking of custody,” in the summary of his/her statement of reasons for appeal and the summary of his/her oral argument on April 26, 2017. However, the foregoing argument is raised after the lapse of the period for submission of the reasons for appeal, and it cannot be a legitimate reason for appeal.

B. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, the circumstance that the Defendant denied the instant crime at the time of the initial investigation by the police, and specifically stated the details and means of the instant crime, the Defendant’s act before and after the instant crime, the amount of alcohol of the Defendant, the content of the victim’s statement, and the attitude of the Defendant in the investigative agency on the part of the Defendant at the time of the instant crime, including the following circumstances:

Therefore, the defendant's above assertion is without merit.

The punishment sentenced by the court below against the defendant (ten months of imprisonment) is too unreasonable.

2. The crime of this case is a normal situation against the defendant, such as the following: (a) the defendant had a dispute with the victim who was friendly frighting with the victim of this case; and (b) the victim's frighting away from the stairs by pushing the victim, etc.; (c) the nature and method of the crime was bad; (d) the crime of this case resulted in an obstacle to the victim's recognition function, post-determination function, etc. due to brain damage; (e) the defendant did not reach an agreement with the victim; and (e) the family members of the victim want to be punished for severe punishment against the defendant.

However, the defendant recognized the crime of this case and reflected his mistake, and the defendant is contingent.