The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of one year and eight months and a fine of one hundred thousand won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal (non-incompetent and unreasonable sentencing)

A. The Defendant committed the instant crime while under the influence of alcohol.

B. The sentence of the lower court (two years of imprisonment and fine of one hundred thousand won) is too unreasonable.

2. Determination

A. Although the judgment as to the claim of mental disability is recognized that the defendant was aware of drinking immediately before the crime of this case, it cannot be deemed that the defendant had the weak ability to discern things or make decisions due to drinking, in light of the motive, background, means and methods leading up to the crime of this case, and the circumstances before and after the crime.

The defendant's argument of mental disability is without merit.

B. In light of the fact that the Defendant had a career of having been punished several times including punishment for the same kind of crime, and, in particular, repeatedly commits the instant crime during the period of repeated crime due to the same crime, the sentence of sentence is inevitable.

However, in light of the fact that the Defendant recognized the instant crime, the lower court agreed with the victim L, the victim D, and the victim H expressed their intent not to be punished (the Defendant submitted an agreement with the victim H in the trial) and the fact that the Defendant additionally agreed with the victim K when he was in the trial, and other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable as a result.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the judgment below is ruled as follows.

[Discied Judgment] Summary of criminal facts and evidence recognized by the court is a summary of criminal facts and evidence.