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

The above fine shall not be paid by the defendant.

A. At the time of the instant crime, the Defendant was under the influence of alcohol while suffering from mental illness at the time of the instant crime, and was in the state of mental disorder or mental disorder.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination:

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

In light of the fact that the court below stated the previous conviction in the criminal facts and stated the provision of concurrent crimes in the applicable column of the law, the court below seems to have determined punishment in consideration of equity between the case and the previous conviction in the judgment of the court below at the same time.

However, according to the records, there is no direct evidence to ascertain the existence of a final judgment regarding the crime of false accusation, etc. which became final and conclusive prior to the crime of this case, and in particular, it does not appear to have deliberated through the judgment, etc. on what is the specific contents of the crime.

Therefore, the lower court cannot be deemed to have established grounds for recognizing the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act, and cannot be deemed to have determined punishment for the instant crime pursuant to Article 39(1) of the Criminal Act.

(see, e.g., Supreme Court Decision 201Do14577, Jan. 12, 2012). Therefore, the lower judgment is no longer maintained.

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

B. According to the records on the assertion of mental disorder, although the defendant suffered from uneasiness, depression disorder, and depression at the time of the crime of this case, it is recognized that he had been suffering from alcohol at the time of the crime of this case, the defendant did not have the ability to discern things or make decisions at the time of the crime of this case in light of the circumstances leading to the crime, method of crime, time of crime, and the following circumstances.

It is found that the state has reached a weak state.