The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was suffering from mental illness, such as a disorder in labor union adjustment, and was in the state of mental and physical weakness.

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

2. Determination

A. According to the records on the assertion of mental and physical weakness, the Defendant’s diagnosis of mental illness caused by a recurrence, disability on November 29, 2017 at the K Hospital located in the Daegu-gu Jung-gu, Daegu-gu, as of November 29, 2017, after the instant crime, may be acknowledged. However, in light of the various circumstances indicated in the records, such as the details and process of the instant crime, the means and method of the crime, the circumstances before and after the instant crime, the Defendant’s attitude of statement, etc., it is not deemed that the Defendant did not have the ability to discern things or make decisions due to such mental illness as mentioned above at the time of the crime.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the Defendant, who made a judgment on the unfair argument of sentencing, led to the confession of the crime and the misunderstanding of his mistake, and the victim paid KRW 1 million as medical expenses and consolation money to the victim and agreed that the victim does not want to be punished against the Defendant.

However, in light of the fact that the Defendant was under criminal punishment for the same violent crime, even though he had had the history of being sentenced to criminal punishment for several times, used violence to a dynamic prisoner without being informed of the fact that the Defendant was under execution of the final sentence in a prison, and the form and method of the used violence, etc., the nature of the crime is not good. The lower court’s determination of the term of punishment equivalent to the lower limit of the applicable sentences by reducing the amount of statutory punishment for special bodily injury, and other factors such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable.