The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental suffering suffering from a heavy drinking.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant is found to have been under the influence of alcohol at the time of the crime of this case, but considering the background, means and methods of the crime of this case, and the circumstances after the crime of this case, it does not seem that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

Therefore, the defendant's argument of mental disability is without merit.

B. The instant crime of determining unfair sentencing is an unfavorable condition against the Defendant, on the following grounds: (a) the Defendant, while drinking with the victim during drinking alcohol, was inflicted an injury on the part of the victim, such as dumping flag and tearing shocking, etc.; (b) the victim was treated by surgery, etc. for a considerable period of time by suffering from serious injury to the victim’s life; (c) no damage recovery was made; and (d) the Defendant did not receive any flag from the victim.

On the other hand, the defendant has a depth of his mistake, and the crime of this case is under the influence of alcohol in his own place, and the victim has sustained it and has inflicted an injury by contingently, and there is a little consideration in the circumstances of the crime. The defendant has no criminal power except for the defendant who has been issued a summary order of KRW 300,000 as a violation of the Establishment of Homeland Reserve Forces Act around 2010 and has no criminal power.

The above circumstances and the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions and the Supreme Court mentioned in the argument of this case, such as the circumstances after the crime.