Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

A. A. The defendant has an intelligence index with a mental retardation of about 68 degree, and even at the time of stopping the crime of this case, the punishment should be mitigated. Thus, the court below erred in rejecting the defendant's claim of mental disorder without undergoing necessary procedures, such as mental assessment.

B. The sentence imposed by the lower court (two years of imprisonment with labor for a year) is too unreasonable.

2. Determination

A. Determination on mental or physical disability as stipulated in Article 10 of the Criminal Act refers to mental or physical disability as stipulated in Article 10 of the Criminal Act, except for mental or physical disorder such as mental illness or abnormal mental condition, and it is necessary to distinguish things from mental disorder caused by psychological or mental disorder, and accordingly, the mental or physical disability cannot be viewed as a mental or physical disorder if a person with mental disability was capable of distinguishing things from one another or controlling behavior at the time of committing the crime (see, e.g., Supreme Court Decision 2006Do7900, Feb. 8, 2007). In addition, in determining whether a defendant was in a state of mental or physical disorder at the time of committing the crime, the court does not necessarily have to have an expert opinion, and it cannot be said that the defendant was found to have not been in a state of mental or physical disorder, and the defendant's attitude before and after committing the crime cannot be viewed as unlawful even if the court below judged that the defendant was not in a state of mental or physical disorder (see, e.g., Supreme Court Decision 2007Do1374).