The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

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

2. Determination

A. According to the Defendant’s statement at the court of first instance prior to determining the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to a suspended sentence of two years on July 7, 2016 to six months of imprisonment with prison labor due to an injury in the Seo-gu District Court Branch Branch of the Daegu District Court, and the above judgment became final and conclusive on January 27, 2017. As such, the above injury crime, etc. for which judgment became final and conclusive and the instant crime are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt punishment in consideration of equity and the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this respect, the lower judgment cannot be maintained any more.

However, notwithstanding the above reasons for reversal of authority, the defendant's argument of mental disorder is still subject to the judgment of this court, and is judged below.

B. According to the records of this case as to the defendant's mental disorder argument, although the defendant was in a drunken state at the time of the crime of this case, considering such circumstances, it is not deemed that the defendant's ability to discern things or make decisions at the time of the crime of this case was lost or weak, and therefore, this part of the defendant's assertion is without merit.

3. As such, the defendant's mental and physical disability is without merit, but the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again reversed after pleading.