The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state with weak capacity to discern things under the influence of alcohol or make a decision by himself/herself.

B. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of this case’s determination as to the claim of mental suffering, the defendant was suffering from alcohol dependence, etc., and the fact that he was in a state of drinking at the time of the crime of this case can be acknowledged.

However, in light of the background leading up to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, it cannot be deemed that the Defendant had weak ability to discern things or make decisions due to mental or physical disorder at the time of the instant crime.

Unlike this premise, even if it is assumed that the defendant committed each of the crimes of this case under the influence of alcohol and lacks the ability to discern things or make decisions, the defendant, despite having been punished several times under the influence of alcohol, is again committed the crime of this case under the influence of alcohol and lacks the ability to discern things or make decisions due to the influence of alcohol. Thus, the defendant predicted the occurrence of danger and caused the state of mental disorder as a person, and thus, Article 10(2) of the Criminal Act concerning mental and physical disability cannot be applied.

(Article 10 (3) of the Criminal Act). The defendant's assertion of mental disability is without merit.

B. The Defendant had a record of having been punished several times for violent crimes, and committed the instant crime during the period of suspension of execution.

On the other hand, the Defendant recognized the instant crime and runs against the Defendant.

The damage caused by the instant crime is minor, and the Defendant agreed with the victims of the instant crime.

The defendant is suffering from alcohol alcohol, etc., and the defendant has a mental disability at the time of committing the crime of this case.