The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The instant crime of mental and physical disorder is a crime committed under the state of mental and physical disability, under the influence of alcohol.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the background leading up to the crime and the circumstances after the crime, etc., it seems that the defendant had the weak ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, this part of the defendant's assertion is without merit.

B. As to the assertion on unfair sentencing, the instant crime was committed by the Defendant on the victim’s “Eju” operated by the victim D, without any reason, by gathering a mixed willer, etc. against customers, and obstructing the Defendant’s packing horse business of the victim D without any reason, and by using the above packing gaser on the victim F’s vehicle that was parked in the outdoor parking lot, and by causing approximately KRW 3 million to approximately KRW 1.4 million to the victim F’s vehicle that was parked in the outdoor parking lot, KRW 1.4 million to the victim H vehicle, approximately KRW 3.4 million to the victim H vehicle, and KRW 3.4 million to the victim J vehicle, and the crime was not good in light of the water law. The Defendant committed the instant crime, even if he committed the instant crime, which had been punished twice a suspended sentence for the same or similar crimes such as violence, etc., it is necessary to punish the Defendant with strict punishment.

However, since June 17, 2005, the Defendant was sentenced to a suspended sentence due to a violation of the Punishment of Violences, etc. Act, and was sentenced to a fine once as a result of the crime of interference with business around July 2008.