Defendant shall be punished by a fine of KRW 15 million.

The above fine shall be imposed on the defendant.

A. The crime of Defendant 1’s judgment in the first instance judgment is a crime committed in a state of mental and physical weakness due to the main crime.

The defendant did not submit a written reason for appeal to the second instance judgment.

B. The Prosecutor’s sentence (the first instance judgment: the fine of KRW 7 million, the second instance judgment: the fine of KRW 5 million: the fine of KRW 5 million) is deemed unreasonable.

2. The defendant and the prosecutor filed an appeal against the judgment below and the court decided to concurrently examine the above appeal cases.

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

Despite the above reasons for ex officio reversal, the defendant's argument of mental and physical weakness to the first instance court is still subject to the judgment of this court, and this is examined.

3. In light of the Defendant’s speech and behavior at the time of committing the crime indicated in the facts constituting the crime in the judgment of the first instance court, which can be acknowledged by the evidence duly adopted and investigated by the first instance court’s judgment as to the allegation of mental and physical weakness at the first instance court, and the circumstances before and after it, the Defendant had the ability to discern things or make decisions due to drinking at the time.

It does not seem that it does not appear.

Even if the Defendant was under the influence of alcohol, he was physically and mentally weak at the time of the crime.

In light of the fact that even before the instant case, the Defendant had been subject to punishment by committing a crime under the influence of alcohol several times, the Defendant predicted in advance his behavior that is likely to commit a crime after drinking and omitted the Defendant’s mental and physical weakness.

Therefore, the defendant's act of drinking alcohol constitutes a so-called "free act in the cause" under Article 10 (3) of the Criminal Act.