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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is too unreasonable.
2. The judgment of the court below is acknowledged that the defendant divided his mistake, the wife of the defendant, who is the victim of the assault of this case, wanting to change the defendant's wife, and the mother suffering from dementia and two parts with disability support the defendant's family members suffering from dementia. The above crime of this case is committed by the defendant's custody, but it is extremely poor that the defendant's family members are faced with economic difficulty due to the defendant's above confinement. The crime of this case was committed by the defendant in the same kind of crime in 2014, and the crime of this case was committed in the period of the suspension of execution. The defendant has been punished five times due to violence in addition to the above suspended sentence, five times due to violence, and three times due to obstruction of performance of official duties. The defendant has no special reason to change the sentence of the court below that sentenced five months to imprisonment by repeating the defendant's crime of this case, and the defendant's age, environment, occupation, family relation, motive, economic situation, and the records and circumstances after the crime of this case.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition
However, under Article 25 (1) of the Regulation on Criminal Procedure, among the facts of the judgment of the court below
1. The first act of violation of the Punishment of Violences, etc. Act (Habitual assault) is corrected to mean "under the influence of alcohol, under the influence of alcohol, while the person lacks the ability to discern things or make decisions," and the facts constituting an offense;
2. The third place of damage to public goods is "23:0 on the same day" and "the main protection room of the detention room in the preceding detention room", which lacks the ability to discern or determine things under the influence of alcohol.