The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to imprisonment with prison labor for eight months for a violation of the Punishment of Violences, etc. Act (joint injury) by Suwon District Court Sejong District Court Decision 2017 Godan 813 on August 9, 2017, and the said judgment became final and conclusive on January 5, 2018.

As above, since the crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes by the latter part of Article 37 of the Criminal Act, the punishment for the crime of this case shall be sentenced in consideration of equity in the case where the judgment is to be held at the same time under the main sentence of Article 39 (1) of the Criminal Act, so the judgment of the court below cannot be maintained.

However, even if there are the above reasons for reversal of authority, the defendant's argument of mental and physical weakness is still subject to the judgment of this court.

3. According to the records on the assertion of mental and physical weakness, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, in light of the background of the crime, the means and method of the crime, the Defendant’s attitude and behavior after committing the crime, and the circumstances after committing the crime

It is difficult to see it.

Therefore, this part of the defendant's argument is without merit.

4. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is in the second sentence of the record of an offense as stated in the judgment below and the summary of evidence. “Defendant is in the horizontal Housing Site Board of Suwon District Court on August 9, 2017.”