The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental disability with the influence of alcohol at the time of committing the instant crime, and the lower court, despite its assertion at the lower court, did not err in its judgment.

B. There was no intention to injure the defendant.

C. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in June, community service, 120 hours) is too unreasonable.

2. Determination

A. According to the record of the argument of mental disorder and omission of judgment, the defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of the instant case.

This constitutes a statement of fact which constitutes the grounds for legal reduction or exemption of punishment under Article 323(2) of the Criminal Procedure Act, and thus, the lower court should have clearly stated the judgment on such fact, and thus, did not err by omitting it (this constitutes the grounds for appeal under Article 361-5(11) of the Criminal Procedure Act). In this regard, the lower judgment was no longer maintained.

However, according to the records, the defendant's dong G stated in the prosecutor's office to the effect that "the defendant had not taken a large amount of drinking, but was not a degree of drinking" (Evidence No. 210 pages), and other circumstances revealed in the records, such as the circumstances leading to the crime of this case, the details of the crime, and the defendant's behavior before and after the crime, the defendant's dong G had the ability to distinguish things and make decisions at the time of the crime.

Since it is not recognized that the defendant had reached the above status of absence of such ability, the defendant's mental and physical argument is rejected.

B. Comprehensively taking account of the evidence duly admitted and examined by the lower court, the Defendant, at the time, went to the power on the India where there was a lot of head, and had 3 to 4 seconds down at that point.