The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant with mental disorder committed an unlawful act that affected the conclusion of the judgment by neglecting the status of mental disorder at the time of the instant crime.

B. The sentence imposed by the court below on the defendant (700,000 won of fine) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio, the record of this case reveals that the Defendant was sentenced on September 7, 2012 to imprisonment with prison labor on the grounds of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) at the Ansan District Court’s Ansan District Court’s Ansan Branch on October 10, 2012, and the judgment became final and conclusive on October 10, 2012, and the instant crime was committed as a low crime prior to the date when the said judgment

Therefore, as seen above, the crime for which judgment has become final and conclusive is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for the crime of this case shall be sentenced in consideration of equity and equity in cases where judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment below which did not take

B. The Defendant’s argument about the Defendant’s mental and physical disorder is still subject to a trial by the competent court regardless of the above reasons for ex officio reversal as to the Defendant’s mental and physical disorder. Accordingly, according to the records, it is acknowledged that the Defendant was in a state of drinking at the time of committing the instant crime, and that the Defendant was not in a state of mental health, but was in a state of drinking at the time of committing the instant crime. In light of the circumstances indicated in the records, such as the background of the instant crime and the Defendant’s act before and after the instant crime

This part of the defendant's assertion is without merit, since it is not recognized to have reached the above status of absence of such ability.

3. Accordingly, the judgment of the court below has a ground for ex officio reversal as seen earlier.