All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Summary of Reasons for appeal

A. In light of the legal principles, the facts charged in the Busan District Court Decision 2017No. 1802, 2017No. 1814 (Joint) and the facts charged in the instant case are similar to the facts charged. However, the court below found the Defendant guilty of the facts charged in the instant case. In so doing, the court below erred by misapprehending the legal principles.

B. At the time of physical and mental disorder, the Defendant committed the instant crime under the influence of alcohol, under the influence of alcohol, while having no or weak capacity to discern things or make decisions.

(c)

The sentence of the lower court (the first instance judgment: the fine of KRW 2,00,000, the second instance judgment: the fine of KRW 3,000,000) against the illegal defendant in sentencing is too unreasonable.

Judgment

A. 1) On April 28, 2016, the final judgment rendered by the lower court after Article 37 of the Criminal Act, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on April 28, 2016, and the judgment became final and conclusive on July 29, 2016. On June 29, 2017, the Defendant was sentenced to one year of imprisonment for a crime of assault, etc. at the Busan District Court and the final and conclusive judgment became final and conclusive on July 7, 2017. The Defendant’s crime of the lower judgment against the Defendant and the above violation of the Punishment of Violences, etc. Act (joint injury) for which the judgment became final and conclusive on July 7, 2017 were related to a concurrent crime under Article 37 of the Criminal Act, and should be sentenced to a punishment for the crime of the lower judgment in consideration of equity

In this regard, the prosecutor added "Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act" to "Article 39 of the Criminal Act" in the provisions of the law applicable to the indictment of this case in the trial of the party, and "the defendant was sentenced to eight months of imprisonment on April 28, 2016 by the Busan District Court for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court, and the judgment became final and conclusive on July 29, 2016. On June 29, 2017, he/she was sentenced to one year of imprisonment for a crime of assault, etc. at the Busan District Court and became final and conclusive on July 7, 2017.

The addition of “” shall include the addition.