The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The Defendant was suffering from alcohol addiction at the time of each of the instant crimes, and was in a state of mental and physical loss or mental weakness under the influence of alcohol.

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

2. Determination

A. According to the record as to the assertion of mental disorder, although it is recognized that the defendant was a drinking condition at the time of each of the crimes in this case, considering the background, process of the crime, and the defendant's behavior before and after the crime, it does not seem that the defendant had no or weak ability to discern things, so the defendant's mental and physical disorder argument is without merit.

B. As to the wrongful assertion of sentencing, the Defendant committed violence on the grounds of minor negligence, and the record of violent crime including the previous repeated offense prior to the instant case is deemed to have considerable history, but on the other hand, the Defendant’s above assertion by the Defendant is reasonable, in full view of the following: (a) the victim was not punished by the Defendant under the agreement with the victim D; (b) the Defendant was aware of and reflects his mistake; (c) the Defendant was deadly supported by the Defendant; and (d) other various circumstances, such as the Defendant’s age, sex and environment; (b) the motive, means and consequence of the commission of the crime; and (c) the circumstances after the commission of the crime, etc., are considered to be unfair, since the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal on the grounds of unfair sentencing is with merit, and the following is again decided after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.