The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the lower court dismissed the public prosecution regarding assault on January 9, 2018, and convicted each of the remaining facts charged. Since only the Defendant appealed on the guilty portion among the lower judgment, the part dismissing the public prosecution for which the Defendant and the Prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

The gist of the defendant's appeal is that the court below did not recognize that the defendant committed each of the crimes in this case under the condition of mental and physical disorder under the influence of alcohol. Thus, the court below erred by misunderstanding facts or misunderstanding legal principles as to mental and physical disorder, which affected the conclusion of the judgment, and the punishment (two and a half years imprisonment) sentenced by the court below is too unreasonable.

According to the records of this case, the defendant had no or weak ability to discern things or make decisions at the time of each of the crimes of this case.

Since the defendant's mental disorder cannot be seen, it is without merit.

However, after each of the crimes of this case, the Defendant agreed with the victims other than the victims of assault on August 23, 2017, and again did not commit such crimes.

In light of the fact that one's mistake is in profoundly against one's own mistake and other circumstances that are conditions for sentencing as shown in the instant case, since the sentence imposed by the lower court against the Defendant is deemed unfair due to its gross negligence, the Defendant's wrongful assertion in sentencing has merit.

Therefore, pursuant to Article 364 (6) of the Criminal Procedure Act, the guilty part of the judgment below shall be reversed, and it shall be decided again as follows after pleading.

Criminal facts

The summary of the evidence and the summary of the judgment of the court below No. 3 of the second 2nd 2nd 199 "Crimes of Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" shall be "Special Bodily Injury", and "F" of the fourth 8th 2th