The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

except that this judgment.

1. Summary of grounds for appeal;

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

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined at the lower court’s judgment as to the assertion of mental and physical disorder, the Defendant could be deemed to have served in drinking at the time of the instant crime. However, in light of the Defendant’s reputation, background leading up to the instant crime, method and method of the crime, and the Defendant’s act before and after the instant crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the

or weak conditions may not be deemed to have existed.

B. The instant crime of this case on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, such as: (a) under the influence of alcohol, the Defendant obstructed the passage of vehicles on a bicycle and obstructed the suppression of a bicycle; and (b) the victim’s hair and necks, etc., which reported 112 by a bicycle locking device, were inflicted on several times; (c) the circumstances leading up to the crime are not good; and (d) the degree of injury inflicted on the victim is not easy; (d) the Defendant was faced with and filed a complaint against the victim; and (e) the Defendant had a history of having been subject to a criminal punishment under the suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., against which the

However, there are circumstances favorable to the defendant, such as the fact that the defendant has withdrawn the complaint against the victim for the first time and recognized his mistake in depth, that the court below deposited 2 million won for the victim, and then additionally compensateed the victim for the damages in the trial, and that the victim was able to reach an agreement with the original court, and that the defendant has no other criminal records except the suspended execution.