The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Reasons for appeal;

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant’s assertion of mental and physical disorder is deemed to have drinking prior to the instant crime, but in light of the details and method of the crime, and the Defendant’s attitude before and after the crime, the Defendant did not have a mental and physical loss or mental weakness due to drinking.

It is reasonable to view it.

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

B. The Defendant has a record of having been punished several times for violent crimes.

After having been sentenced to punishment for violent crime for the purpose of retaliation, the defendant started to commit violent crime again between Korea and Japan, and repeatedly used violent crime against women who are the physically weak.

Furthermore, the defendant found the victim hospitalized due to the violence of the defendant and made intimidation.

The defendant was under the influence of alcohol at the mother's house, and the defendant was also under the influence of alcohol.

It is inevitable to strictly punish the defendant.

However, the Defendant against the mistake in the trial of the party and agreed with the victim C (the Defendant’s mother-childO submitted a written application of no punishment at the court below). In full view of all the sentencing conditions of the Defendant’s age, sex, environment, criminal records, motive, means and consequence of the crime, including circumstances after the crime, the sentence imposed by the court below is too unreasonable.

The defendant's argument of sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Grounds for the judgment below] Criminal facts and summary of evidence recognized by this court are facts constituting a crime and summary of evidence.