The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental and physical disorder, who was breathly acting under the influence of alcohol.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below and the court below on September 3, 2015, prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on September 11, 2015 by the Incheon District Court on September 3, 2015, and the above judgment became final and conclusive on September 11, 2015. Since the crime in the judgment of the court below is one of the concurrent crimes under Article 37 of the Criminal Act with the crime of violation of the Act on Special Cases Concerning Domestic Violence for which the judgment has already become final and conclusive and the crime in the judgment of the court below is determined after examining whether to reduce or exempt punishment by taking into account the case of concurrent judgment and equality pursuant to Article 39(1) of the Criminal Act. Since the application of

However, even if there are such reasons for reversal in the judgment below, the defendant's mental and physical disability argument is still subject to the judgment of this court.

3. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drank a considerable amount of alcohol at the time of the instant case, but considering the defendant's attitude and words before and after the instant crime, it cannot be seen that the defendant at the time of the instant crime did not have the ability to discern things or make decisions due to drinking, and thus, this part of the defendant's assertion is difficult

4. In conclusion, the court below's judgment is reversed ex officio. Thus, without examining the defendant's unfair argument of sentencing, Article 364 (2) of the Criminal Procedure Act.