The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12 million won.

The above fine shall not be paid by the defendant.

1. The court below's scope of trial in this Court dismissed the prosecution of assault against the defendant among the facts charged, and sentenced him to the remainder of the facts charged.

However, since only the defendant appealed against the conviction part of the judgment below and did not appeal all the prosecutor and the defendant with respect to the dismissal of public prosecution, among the judgment below, the dismissal of public prosecution has become final and conclusive, and only the remaining guilty part is subject to judgment

2. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing each of the instant crimes.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

3. Determination

A. According to the record of the determination on the assertion of mental disorder, although the defendant could be found to have been in a state of drinking alcohol to a certain extent at the time of each of the crimes in this case, in light of the background leading up to the crime, the means and method of the crime, and the situation before and after the crime, etc., the defendant did not have the ability to discern things at the time of each of the crimes in this case.

It cannot be seen as having reached a state of or weakness.

Therefore, the defendant's above assertion is not accepted.

B. The Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was under the period of suspension of execution, and the Defendant has a record of punishment for the same kind of crime.

However, the defendant shows an attitude against the defendant to recognize each of the crimes of this case, the defendant agreed with the victim E in the original trial, the defendant agreed with the victim E in the first instance trial, the victim D's injury is minor, the degree of violence against the victim E is minor, and other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, method of crime, circumstance after the crime, etc.