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1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for four months;
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability at the time of committing the instant crime.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. The following circumstances acknowledged by the record of the instant case as to the assertion of misapprehension of legal principles, namely, the Defendant, prior to the instant crime, was in a state of drinking alcohol in another drinking house and drinking at the place where the instant crime was committed. At the time of the instant crime, the Defendant first saw the victim as “K’s victim out of his own drinking house,” “K is a deader, K is a dead person,” and “the victim is a dead person,” and other acts difficult to understand in mind, such as threatening the victim. At the time of the first statement at an investigative agency, the Defendant argued that he did not assault the victim, was unable to properly memory the situation at the time of the instant crime, and argued that he did not have the victim’s ability to contact with the victim, and that the Defendant was in a state of drinking alcohol and her ability to contact with the victim for a long time from October 15, 2010 to April 26, 2011.