The defendant's appeal is dismissed.

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

1. Determination of the accused case

A. Summary of the grounds for appeal 1) The defendant with mental disability and the applicant for medical treatment and custody (hereinafter referred to as the "defendant") are limited to the defendant.

(2) The punishment sentenced by the first instance court of unfair sentencing (two years and six months of imprisonment) under the influence of alcohol at the time of the instant case is too unreasonable.

B. In light of the records as to the assertion of mental disability, it does not seem that the Defendant was in a state of lacking the ability or decision-making ability to discern things due to drinking at the time of the instant crime in light of various circumstances, such as the background leading up to the instant crime, the means and method of the crime, and the Defendant’s act before and after the instant crime. Therefore, the Defendant’s assertion of unfair sentencing cannot be accepted. 2) As to the assertion of unfair sentencing, the instant crime of this case as to the assertion of unfair sentencing cannot be accepted. The Defendant’s crime of this case is deemed to inflict an injury on the victim by displaying the victim’s face while drinking together with the Defendant without any particular reason, and thus, the nature of the crime is minor.

Although it was obvious that victims had suffered a lot of mental or physical pain, no damage recovery was made.

On December 5, 2012, the Defendant was sentenced to the total of 1 year and 6 months of imprisonment and 7 million won of fine on December 5, 2012 on the ground that violent crime force has reached several hundreds and carried out drinking together, and the Defendant again committed the same kind of crime during the repeated period of six months after the execution of imprisonment was completed.

However, the first instance court, taking into account various sentencing conditions, including the fact that the Defendant was aware of the crime of this case and reflects the Defendant’s mistake in depth, and that the injury suffered by the victim is not very serious, shall determine the aggravation of repeated crime and discretionary mitigation, and recommend them according to the sentencing guidelines after setting the sentencing range (two years to twenty years of imprisonment).