The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (mental disorder) is as follows: (a) the Defendant was guilty at the time of committing the instant crime; and (b) the Defendant was in a state

2. Determination

A. Examining the record of the instant case’s judgment ex officio, the Defendant was sentenced on April 25, 2013 by the Seoul Eastern District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape), etc., and the judgment became final and conclusive on May 3, 2013.

The crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) and the crime of this case, which became final and conclusive, shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equality in cases where a concurrent judgment is to be rendered pursuant to Article 39(1) of the Criminal Act, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act.

However, even if there are such reasons for ex officio destruction, the defendant's argument about such reasons is still subject to the judgment of this court, and this is examined below.

B. Comprehensively taking account of the evidence duly admitted and examined by the court below, it may be recognized that the defendant was in a state of drinking at the time of the crime of this case, but the defendant did not seem to have been in a state of mental disorder or mental disorder due to drinking at the time of the crime of this case, so the defendant's assertion

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "A defendant is sentenced to imprisonment on April 25, 2013 at the Seoul Eastern District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) and seven years and six months, and such judgment is rendered.