The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was drunk and was in a state of mental disability.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the judgment on the claim of mental disability, even though the defendant was found to have served alcohol at the time of the crime in this case, considering the circumstances leading to the crime in this case, the means and method of the crime in this case, and the defendant's act before and after the crime in this case, it does not seem that the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case, and therefore, this part of the defendant's assertion cannot be accepted.

B. The Defendant, including two times of sentence and four times of suspended sentence, was guilty of violence at least 20 times, and the Defendant was not aware of the fact that the instant crime was committed during the period of suspended sentence for the same kind of crime is disadvantageous to the Defendant.

However, in light of the fact that the defendant's mistake is against his own mistake through confinement life, the victim wants to take the defendant's wife against the defendant, the degree of damage is not much serious, the defendant's health condition and economic conditions are not good, the defendant's application for the correction against the victim was submitted, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and behavior, character and environment, as shown in the records and arguments in this case, are considered, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

Criminal facts

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