The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. In light of the reasoning of the lower court’s judgment in light of the foregoing, the Defendant is found to have lacking the ability to discern things or make decisions due to the mental and behavioral disorder caused by the harmful use of alcohol at the time of committing the instant crime, and thus, the Defendant’s assertion of mental disability is with merit.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.

Punishment of the crime

On July 24, 2015, the Defendant heard the horses that the victim D (years 53) cannot easily repair from the victim in the Dongdong-si C, 201 and the next sperm around 201 around July 18, 2015, when the Defendant, who is engaged in a new repair business, lacks the ability to discern things or make decisions due to the mental and behavioral disorder (using alcohol) caused by harmful use of alcohol, and when the Defendant listens to the horses that he cannot easily repair from the victim D (years 53). However, the Defendant 1 was flicked once due to his finger, and when the Defendant was flick of the victim’s left eye due to his fingeral disease, which is a dangerous object.

Accordingly, the Defendant used dangerous objects to inflict a tear on the front part of the snow that could not be known to the victim.

Summary of Evidence

1. Each statement in the original judgment and the trial court of the defendant;

1. Statement made by the police on D;

1. Each report, photograph, and investigation report (not submitted a medical certificate) and images;

1. Application of Acts and subordinate statutes stating a written mental appraisal for the preparation of an appraisal;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

2. Article 10(2) and (1) of the Criminal Act for statutory mitigation;