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 committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal of unfair sentencing by the Defendant’s ex officio determination, the record reveals that the Defendant was sentenced to four months of imprisonment with prison labor and one year of imprisonment with prison labor on October 26, 2012 by larceny, etc. at the Cheongyang Branch Branch of the Do Government District Court, which became final and conclusive on November 3, 2012. As such, the above crimes and each of the crimes in the judgment of the lower court, for which the judgment became final and conclusive, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by a sentence after examining whether to grant reduction or exemption of punishment pursuant to Article 39(1) of the Criminal Act. As such, the lower court, which did not take such measures, became unable

B. According to the records of mental and physical disorder, even though the Defendant was aware that he had drinking at the time of committing the instant crime, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances before and after the instant crime, it does not seem that the Defendant was in the state of having lost or weak ability to discern things or make decisions due to drinking at the time of committing the instant crime, and thus, the Defendant’

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is the first head of the facts charged. The defendant was sentenced to four months of imprisonment with prison labor and one year of imprisonment with prison labor for larceny, etc. at the Cheongyang Branch of the District Court on October 26, 2012.