The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In order to be forgotten with the pain of physical labor, the Defendant is unable to properly coordinate the instant instant impulse or lose memory, even though he/she is in an unbreadic state while continuously taking the influence of alcohol and medical control, so as to be forgotten with the pain of physical labor. The instant crime also consists of the instant crime in a state where he/she lacks the ability to discern things or make decisions, and thus cannot be held liable to the Defendant.

B. The Defendant has expressed an intent to reduce the necessity of treatment and receive medical treatment, against his depth, with respect to the instant crime. As such, the punishment (six months of imprisonment and 80 hours of order to complete education) imposed by the lower court is too unreasonable.

2. Determination

A. The Defendant, even before committing the instant crime, was under the influence of alcohol, committed the same kind of crime while under the influence of alcohol, and was sentenced to suspension of indictment as well as one of the indictment and fine. As such, the Defendant was in a state of lacking the ability to discern things or make decisions due to the alcohol and medical control at the time of the instant crime.

Even in light of the criminal power of king, it is not accepted by Article 10(3) of the Criminal Code that the defendant predicted the occurrence of danger and caused the occurrence of mental disorder, and thus the defendant's assertion of mental disability is not accepted.

B. As seen earlier, prior to the determination of the allegation of unfair sentencing, the Defendant’s previous criminal records are disadvantageous to sentencing. However, according to the content of the probation notice given by the Seoul East Probation Office, it appears that the Defendant was trying to faithfully observe the probation conditions, such as an interview with probation officers during the period during which the Defendant was suspended from his/her probation, and it appears that he/she was preparing to receive medical treatment after he/she committed the instant crime on February 1, 2014. As such, the Defendant’s tendency, attitude, age, and age.