The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was drunk and was in a state of mental disability.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, in full view of the background leading to the instant crime recognized by the evidence duly adopted and investigated by the lower court, the means and method of the instant crime, and the Defendant’s act before and after the instant crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of

Therefore, this part of the defendant's argument cannot be accepted.

B. The Defendant committed the instant crime even though he/she had been sentenced one time to suspended the execution of violent crimes and multiple criminal records of fine, on the ground that the Defendant, without any reason, inflicted an injury upon the victim’s head and chest by drinking without any reason, and that the Defendant committed the instant crime is disadvantageous to the Defendant.

However, in light of the fact that the Defendant commits a contingent crime under the influence of alcohol, the fact that the Defendant committed a serious injury to the victim, the fact that the victim was paid an agreed amount of KRW 2.5 million and agreed with the victim, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as indicated in the records and arguments of this case, are considered, the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

Criminal facts

Criminal facts of the defendant and the summary of the evidence recognized by the court and are related thereto.