Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

A. At the time of committing the instant crime with mental and physical weakness, he was in a state of mental and physical weakness.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the records, the defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. on April 14, 2014 at the Suwon Friwon, and the judgment became final and conclusive on April 22, 2014.

Therefore, the punishment for the crime of assault and the crime of assault in which judgment was affirmed and the crime of assault in the judgment of the court below against the defendant shall be sentenced in consideration of equity in the case of concurrent crimes pursuant to Article 39 (1) of the Criminal Act in the relationship of concurrent crimes after Article 37 of the Criminal Act. Therefore, the judgment of the court below cannot be maintained.

However, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, despite the above reasons for reversal of authority.

3. According to the records on the assertion of mental and physical weakness, even though the Defendant was deemed to have drunk at the time of committing the instant crime, in view of the background leading up to the Defendant’s crime, the means and method of committing the crime, and the circumstances before and after the commission of the crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

It is not visible.

Therefore, this part of the defendant's argument is without merit.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] Summary of facts constituting a crime and evidence recognized by this Court and summary of evidence related thereto, and the first head of the criminal history room “Defendant” in the first head. < Amended by Act No. 1250, Apr. 14, 2014>