The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disability due to drinking.

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

2. Determination

A. In light of the background of the instant crime, the means and method of the crime, the Defendant’s act committed before and after the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant was under the influence of alcohol at the time of each of the instant crimes, but the Defendant did not have the ability to discern things or make decisions. Thus, this part of the Defendant’s assertion is without merit.

B. The Defendant had the record of having been punished one time as the crime of interference with business, including the suspension of execution, and has been punished several times as violent crimes. The instant case is acknowledged as having obstructed the Defendant’s business by force during about 50 minutes in the packaging end of drunk, and obstructed the Defendant’s business by force during the period of 50 minutes, and has committed assault against the packaging end customer. However, the Defendant recognized all of the instant offenses, and agreed that the Defendant was divided by mistake. The Defendant agreed to the victim E of the assault part after the sentence of the lower court, the degree of physical damage was relatively minor, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the situation before and after the crime. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's argument of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.