The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing each of the instant crimes.

The punishment (fine 2.5 million won) imposed by the court below on the defendant is too unreasonable.

Judgment

Before the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to imprisonment with prison labor for ten months, a fine of six hundred thousand won, and a fine of one hundred thousand won on January 11, 2016 at the Busan District Court on December 16, 2015 due to the crime of larceny, interference with business, and the crime of violation of the Punishment of Minor Offenses Act, and the judgment became final and conclusive on January 11, 2016. As such, the crime in the judgment of the court below is in the relation of larceny and the crime of interference with business, which became final and conclusive, and is in the relation of the latter concurrent crimes under Article 37 (1) of the Criminal Act with part of the crime of interference with business and Article 39 (1) of the Criminal Act

However, despite the reason for ex officio destruction, the defendant's mental and physical disorder is still subject to the judgment of this court, and this is examined below.

B. According to the records on the argument of mental disorder, although the defendant is deemed to have a drinking alcohol at the time of each of the crimes in this case, in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant cannot be deemed to have a lack or weak ability to discern things due to drinking at the time of each of the crimes in this case. Thus, this part of the defendant's assertion is without merit.

3. Thus, the defendant's mental and physical disability is without merit, but the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the judgment below is again decided as follows.

[Discied Reasons for the judgment], and facts of crime.