Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. At the time of the instant crime, the Defendant was suffering from friendly symptoms and alcohol alcohol, and was in a state of mental disorder under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the record reveals that the defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court on September 5, 2013 and one year of suspended execution on September 13, 2013.

Since the crime of larceny, etc. and the crime of this case for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where a judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act

However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability still is subject to the judgment of this court, and this will be examined.

3. According to the records on the determination of the claim of mental retardation, there is no evidence to prove that the defendant suffered from a friendly certificate or alcohol, and even though drinking at the time of the crime of this case is recognized, in light of the background of the crime of this case, the method and method of the crime of this case, the circumstances before and after the crime of this case, etc., it does not seem that the defendant had weak ability to discern things or make decisions, and therefore, the defendant's argument of mental retardation is without merit.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence is against the defendant recognized by the court.