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.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol while suffering from mental illness, such as liverment.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to evidence duly adopted and investigated by the trial court, the defendant was sentenced to eight months of imprisonment with labor for an indecent act committed by the Seoul Western District Court on May 11, 2016 and the judgment became final and conclusive on February 16, 2017. The defendant's crime of this case in the relationship between the crime subject to the above final and conclusive judgment and the single concurrent crimes after Article 37 of the Criminal Act, shall be determined after considering equity between the case where the judgment is to be rendered at the same time under Article 39 (1) of the Criminal Act and the case where the punishment is to be mitigated or exempted.

In this respect, the judgment of the court below can no longer be maintained.

However, the defendant's argument of mental and physical disability is still subject to the judgment of the court, and this will be examined.

B. We examine the argument about mental disorder, and there is a mental illness such as peace and liverness of the defendant, and the fact that the defendant had drinking at the time of the crime of this case is found to have been in a state of drinking, but comprehensively considering the detailed contents of the crime of this case and the defendant's words before and after the crime of this case, the defendant had no or weak ability to discern things or make decisions at the time of the crime of this case.

As it is not recognized, the defendant's mental disorder argument is without merit.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.