The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Summary of Grounds for Appeal

At the time of committing the instant crime, excessive drinking was in a state of mental disorder or mental disability.

The sentencing (three years of imprisonment) of the lower court on the ground of unfair sentencing is too unreasonable.

According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, although the defendant was found to have served alcohol at the time of the crime of this case, it cannot be seen that the defendant did not have the ability to discern things or make decisions, and therefore, this part of the defendant's assertion is without merit.

In light of the fact that the Defendant had been convicted of six times of imprisonment, including the same criminal record, and committed the instant crime during the period of repeated offense, and that the instant crime committed the crime with no discriminative assault by the elderly’s refer for minor reason, thereby cutting down the bones and impairing the anti-humanity, it is necessary to punish the Defendant with strict punishment.

However, after the judgment of the court below was rendered, the victim submitted a written agreement stating the purport that "the victim has to believe the defendant once again, and thus the defendant is in favor of him," and considering all other circumstances, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, the sentencing of the court below is too unreasonable.

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal of this case is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257(2) of the Criminal Act concerning the selection of criminal facts;