All the judgment below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal by the defendant;

A. 1 The judgment of the court of first instance - misunderstanding of facts (limited to a person's cell phone on the restaurant floor), misunderstanding of legal principles (non-incompetent of mental disorder due to exploitation), and unreasonable sentencing

B. 2. Judgment of the court below - Legal principles (non-incompetent of mental disability due to exploitation) and unreasonable sentencing

2. Determination on the grounds for appeal

A. We examine ex officio the grounds for appeal prior to the determination of ex officio.

With respect to the judgment of the court of first and second instances that sentenced each fine of 70,000 won and imprisonment of 6 months to the defendant, only the defendant filed an appeal and the above two appeals cases were merged in the court of appeal. The first and second instances of the court of appeal to the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and are related to concurrent crimes under Article 38 of the Criminal Act, so the judgment of the court of first and second instances should be sentenced to one punishment at the same

However, regardless of the above reasons for ex officio destruction, the defendant still has a dispute on the ground of misunderstanding of facts and the assertion of mental or physical disorder.

나. 원심 제1판결에 대한 사실오인 주장에 관하여 원심이 적법하게 채택조사한 증거들(특히, 피고인의 원심 법정진술, E에 대한 경찰 진술조서)에 의하면, 피고인은 당시 식당으로 들어온 다음 식당 안에 있던 가스난로를 들어 J을 때리려고 시늉하다가 가스레인지를 내리쳐서 탁자 위에 있던 작은 단지(반찬 항아리)를 깨뜨리고 피고인 자신의 휴대전화를 식당 바닥에 던진 사실이 인정된다.

Therefore, the defendant's assertion of mistake is rejected.

C. As to the assertion of misapprehension of the legal doctrine, the amount of the Defendant’s reputation, the amount of drinking immediately before and after the commission of each of the instant crimes on February 16, 2013 and July 10, 2013, which is recognized by the lower court based on the number of evidence duly admitted and examined by the lower court, and the circumstances leading up to each of the instant crimes, means and methods, mode of conduct, and each of the instant crimes.