The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. We examine ex officio the judgment of the court below on the grounds for appeal by the defendant.

According to the records of this case, on July 5, 2017, the defendant was sentenced to 10 months of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual damage, etc.) and a violation of the Punishment of Violences, etc. Act (Habitual violence) at the Seoul Southern District Court on July 5, 2017, and the above judgment became final and conclusive on December 22, 2017.

Therefore, inasmuch as the crime of the lower judgment against the Defendant and the violation of the Punishment of Violences, etc. Act (Habitual damage, etc.) and the violation of the Punishment of Violences, etc. Act (Habitual violence) are in the concurrent crimes of the latter part of Article 37 of the Criminal Act, a punishment for the crime of the lower judgment shall be imposed in consideration of equity with the case where the judgment is rendered at the same time in accordance with the first part of Article 39(1) of the Criminal Act, and in this respect, the lower judgment cannot be maintained.

However, the defendant's argument about mental disorder is still subject to the judgment of this court, and this is examined.

3. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical disability argument, it is found that the Defendant was under the influence of alcohol at the time of the instant crime, but in light of the circumstances leading to the instant crime, the Defendant’s behavior and circumstances before and after the instant crime, etc., the Defendant had no or weak ability to discern things due to drinking.

It does not seem that it does not appear.

The defendant's mental disorder is without merit.

4. As above, the judgment of the court below is reversed ex officio, and the judgment of the court below on the defendant's wrongful assertion of sentencing is omitted.