The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to drinking.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court ex officio prior to determining the grounds for appeal by the Defendant, the Defendant was sentenced to one year and six months of imprisonment and two years of suspended execution on November 11, 2010 due to the crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Chuncheon District Court, and on October 12, 2012, the suspended execution was revoked at the Eup branch of the Jeonju District Court, and the execution of the sentence was completed on March 19, 2015. Thus, although the instant crime was committed during the period of repeated offense and it is impossible to sentence the suspended execution of the Defendant, the lower court, despite the fact that the Defendant’s choice of imprisonment and omission of repeated offense and suspended its execution, thereby affecting the conclusion of the judgment, the lower court was no longer maintained.

However, notwithstanding the above reasons for reversal of authority, the defendant's argument of mental disorder is still subject to the judgment of this court, and is judged below.

B. According to the records of the instant case’s assertion of mental disorder, even though the Defendant was in a drunken state at the time of committing the instant crime, considering such circumstances, the Defendant was in a state of loss or lack of ability to discern things or make decisions at the time of committing the instant crime, in light of the background of the instant crime, means and methods thereof, the Defendant’s attitude and behavior before and after the instant crime, and the circumstances after the instant crime.

does not appear.

This part of the defendant's assertion is without merit.

3. Thus, the defendant's mental and physical disorder is not justified, but the judgment of the court below is reversed ex officio.