The judgment of the court below is reversed.

The punishment of the accused shall be eight months by imprisonment.

provided that this ruling has become final and conclusive.

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 of imprisonment (eight months of imprisonment) imposed by the court below on the defendant 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. Although there are circumstances unfavorable to the Defendant, such as the Defendant’s act of assaulting a non-discriminatory spouse who has no defense ability by drinking and drinking, and the nature of the crime is grave, the Defendant committed the instant crime while disregarding the victim’s access order given by the court on two occasions prior to the instant case, and the Defendant committed the instant crime even before the instant case, and several times of records of criminal punishment for the same kind of crime, such as the Defendant’s mistake is recognized; the Defendant’s act of assaulted one another; the Defendant’s act of assaulted one time before 20 years prior to the instant crime was suspended by a disposition of suspension of execution; the Defendant has no criminal power beyond the fine; the Defendant has an opportunity of reflectability through a five-month life after being detained by the Defendant; the circumstances favorable to the Defendant; the motive and circumstances leading up to the instant crime; and the motive and circumstances leading up to the instant crime.