Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental disease, etc.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination:

A. In light of the background leading to the instant crime, the means and method of the crime, the Defendant’s behavior before and after the instant crime was committed, etc., the lower court did not have or lacks the ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's mental disorder is without merit.

B. We examine ex officio determination.

"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive

According to the records, the Defendant was sentenced to one year of imprisonment with prison labor from the Suwon Friwon on April 20, 2016 after the instant crime was committed, and the said judgment became final and conclusive on July 8, 2016, and the Defendant was sentenced to ten months of imprisonment with prison labor from the Suwon Friwon on September 29, 2016, and the said judgment became final and conclusive on December 12, 2016.

Therefore, in both the instant crimes and each of the instant crimes for which the judgment became final and conclusive are concurrent crimes by the latter part of Article 37 of the Criminal Act, and in accordance with Article 39(1) of the Criminal Act, a sentence shall be imposed on the instant crimes in consideration of equity in cases where both the instant crimes and the judgment have become final and conclusive at the same time.

According to the records, the court below's judgment is based on the case where the judgment was made at the same time as the previous offense.