The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 had committed the instant crime under the lack of the ability to discern things or make decisions, and the punishment should be mitigated pursuant to Article 10 of the Criminal Act.

2) In light of the fact that the Defendant committed the instant crime by drinking alcohol and by contingency, and that the Defendant is in depthing his mistake, the punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. In light of the fact that the prosecutor had the same power as the defendant, committed the principal offense to retaliation, and was very dangerous to the criminal law, the punishment sentenced by the court below (eight months of imprisonment) is too uneasible and unfair.

2. Determination

A. In light of the background leading up to the Defendant’s committing the instant crime, the means and method of committing the instant crime, etc., it is not determined that the Defendant did not lack the ability to discern things or make decisions at the time when he committed the instant crime.

The defendant's mental and physical weak argument is without merit.

B. We also examine the defendant and prosecutor's argument of unfair sentencing as to the defendant and prosecutor's argument of unfair sentencing.

It is very dangerous that the criminal law has been represented by the victim's face that the defendant was diving, and the criminal records of the same kind due to violent crimes are allowed, and the criminal records of the suspended execution are disadvantageous to the defendant.

However, in full view of all the sentencing circumstances in the records and arguments of the defendant, including the fact that the victims have reached the trial for the first time, that they do not want the punishment of the defendant by mutual consent with the defendant, that the health of the defendant is not good, that confessions and reflects, and that the defendant's age, sex, environment, and circumstances after the crime, etc., the sentence of the court below is considered unfair.

3. Conclusion.