The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

except that this judgment.

1. The summary of the grounds for appeal is unreasonable. 2. Prior to the judgment on the grounds for appeal by the Defendant’s appeal, according to the written mental appraisal submitted in the trial, prior to the judgment on the grounds for appeal by the Defendant, it is reasonable to view that the Defendant was in a somewhat weak state of his ability to discern things or make decisions due to the excessive drinking at the time of each of the instant crimes, such as an inappropriate aggressive behavior by excessive drinking, a decline in impulse impulse ability, and a failure in judgment, etc. The judgment of the first instance court, which determined the sentence against the Defendant, cannot be maintained as it is, even though it constitutes the grounds for the necessary mitigation of punishment.

3. According to the conclusion, the judgment of the first instance court is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the first instance court is reversed by adding special matters to the defendant, and the following is again decided after pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws on criminal facts, and Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (a) and Article 260(1) of the Criminal Act (a) of the Criminal Act, each of the following: (b) Articles 10(2) and (1), and Article 55(1)3 (a) of the Criminal Act (a) of the Act on the Punishment of Violences, etc. (a person with a mental disability), 37 former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50(1)3 of the Act on the Punishment of Violences, etc. (a person with a mental disability) of the Criminal Act; (c) Articles 53 and 55(1)3 of the Criminal Act have repeatedly exercised domestic violence for a long time.