The defendant's appeal is dismissed.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

1. Summary of grounds for appeal by the defendant;

가. 사실오인 및 법리오해 피고인은 피해자가 피고인을 폭행하고 협박하여 이에 대항하여 발로 피해자의 턱을 찼을 뿐 소주병으로 피해자의 머리 뒤통수를 때린 사실이 없다.

B. At the time of committing the instant crime, the Defendant had no ability to discern things or make decisions due to Compilation mental disorder.

C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, and in particular, according to the victim E's statement, it is recognized that the victim who was seated in the next table without any justifiable reason is the victim's back-hand disease and the victim's back-hand disease. Therefore, this part of the defendant's assertion is without merit.

B. According to the record as to the assertion of mental disorder, the defendant can be acknowledged that he was hospitalized in the past as a result of efficiencies, and received outpatient treatment due to symptoms such as symptoms.

However, the Defendant, upon discharge on March 20, 2014, did not undergo re-patient treatment or outpatient treatment. On the day of the instant crime, the Defendant, the Defendant, and the victim were aware of the type of drinking alcohol, the amount of drinking alcohol, and the location where the victim was seated at the drinking house until the victim assaulted the victim. In particular, according to the mental appraisal document of the Medical Treatment and Custody Center, it is difficult to view that the Defendant, owing to the symptoms of the instant mental illness, had weak the ability to discern things at the time of the instant crime, but did not have such ability.

Therefore, the judgment of the court below which recognized that the defendant committed the crime of this case under the lack of the ability to discern things or make decisions is justifiable.

The defendant's above assertion is without merit.

(c).