The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal (misunderstanding of facts, mental and physical weakness and improper sentencing);

A. According to the first statement of the victim F and witness testimony of the victim F, only the defendant can be recognized as having a person suspected of having the victim F with the intent to have the victim F, and the facts when the defendant was the victim's dead part cannot be recognized.

B. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

(c)

The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Prior to the judgment on the Defendant’s improper assertion of sentencing ex officio, the record reveals that the Defendant was sentenced to imprisonment for six months with prison labor on October 11, 2017 in the instant case No. 2017 Highest 6008, and the above judgment became final and conclusive on February 8, 2018. Since the crime in the judgment of the court below is one of the two concurrent crimes with the above injury crime for which the judgment has already become final and conclusive and the latter part of Article 37 of the Criminal Act, the sentence shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

However, the defendant's assertion of mistake of facts and the argument of mental or physical weakness is still subject to the judgment of this court, and this is examined.

3. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence on the Defendant’s assertion of mistake of fact, namely, ① the victim F stated in the written statement at the police station that “I am her fried and her fried to be her frighted to be her frighted to be her frighted to be her fright to be her frighted to be her frighted to be her fright to be her frighted to be her fright to be her face,” ② the victim’s written diagnosis is indicated as having been her fhered to be her fested at the left 10th left, ③ the police station, the main week, “The Defendant was her f's f's f'