The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,700,000.

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 the instant crime.

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

Judgment

According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was found to have drank alcohol at the time of the crime of this case, but on the other hand, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, in light of various circumstances, such as the background, means, the behavior of the defendant before and after the crime of this case, and the defendant stated to a certain extent.

Since it seems that the defendant did not appear to be in a state or weak condition, the above argument by the defendant is without merit.

Although the defendant had several criminal convictions on the assertion of unfair sentencing, he/she again committed the instant crime despite the fact that he/she had been subject to criminal punishment, the defendant seems to be against the instant crime, and the defendant deposited KRW 100,000 for the victim E in the first instance trial, and in full view of various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, the defendant's punishment against the defendant is somewhat unreasonable, and therefore, the defendant's assertion of unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.