The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental suffering.

B. The sentence of the judgment of the court below on unreasonable sentencing (two months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable.

2. Determination

A. According to the records of the claim of mental disability, even though the defendant was found to have been in a state of drinking-out at the time of the crime of this case, it does not seem that the defendant lacks the ability to discern things or make decisions.

The defendant's assertion in this part is not accepted.

B. Although the Defendant’s assertion of unfair sentencing is recognized as having no risk of committing an act in the event of the victim’s head on the basis of a metal material, considering various sentencing factors in the instant case, the lower judgment seems to be somewhat heavy in view of the following: (a) even though the Defendant was aware of the fact that there was no risk of committing a crime in the course of committing the crime; (b) the Defendant did not have the same criminal power; (c) the Defendant agreed with the victim; (d) the Defendant appears to have committed an contingent crime under the influence of alcohol; and

This part of the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is partially reasonable.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the foregoing reasons);