The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The Defendant, as stated in the instant facts charged, did not threaten the victims.

B. The Defendant had mental and physical weakness at the time of committing the instant crime.

(c)

The punishment of the court below (10 months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts, namely, the victims are relatively and consistently stated from the investigative agency to the lower court on the grounds that they were threatened by the Defendant, and there is sufficient motive for the victims to make a false statement while expecting the victims to be punished by imprisonment with labor.

Comprehensively taking account of the fact that the Defendant’s intimidationd the victims as stated in the instant facts charged.

Therefore, the defendant's assertion of mistake is rejected.

B. The following circumstances acknowledged by the evidence duly admitted and examined in the lower court as to the assertion of mental disorder: (i) In the case No. 2016 Godan1892 on February 10, 2017, the Defendant recognized that the Defendant committed a crime of assault or bodily injury in a state of mental and physical weakness due to the mental disorder, such as Cho Jae-jin, around November 6, 2016 (the foregoing judgment becomes final and conclusive on February 18, 2017), and thereafter, the Defendant was specially treated or the state of the Defendant was improved at the time of the instant crime until the time of the instant crime.

The records show that it is difficult to find any material, ② the Defendant committed each of the instant crimes against the victims who are not related to the Defendant without any particular reason, ③ the Defendant’s defense counsel in the original trial and the trial of the political party seems to have failed to move mentally, or the judgment ability is considerably lacking due to mental or physical weakness.