The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall be imposed on the defendant.

A. The Defendant, who was physically and mentally weak, committed each of the instant crimes under the influence of alcohol while under the influence of alcohol with depression and a decentralization disorder.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 9 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court on the assertion of mental and physical weakness, the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to the mental disability or main behavior, which was held at the time of each of the instant crimes.

It is difficult to see it.

Therefore, this part of the defendant's assertion is rejected.

B. As to the wrongful argument of sentencing, each of the crimes in this case is heavier than the nature of the crime in light of the details and behavior of the crime.

However, the court below's punishment against the defendant is somewhat unreasonable when comprehensively considering the records of this case and various sentencing conditions shown in the theory of changes, such as the defendant's health condition, age, environment, motive for the crime, and circumstances after the crime.

3. In conclusion, the defendant's appeal is reasonable, and therefore, the conviction part of the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;