The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant, who has not claimed mental and physical weakness, committed the instant crime while lacking the ability to discern things or make decisions, the punishment should be mitigated in accordance with Article 10 of the Criminal Act.

B. In light of the fact that the criminal defendant committed the instant crime by drinking alcohol and the criminal defendant is in depthing his mistake, the punishment (five million won in penalty) sentenced by the court below is too unreasonable.

2. Determination

A. On December 23, 2016, the Defendant, at the Seoul Southern District Court, sentenced two years to imprisonment for a crime, such as violation of the Punishment of Violences, etc. Act (Habitual assault) at the Seoul Southern District Court on April 7, 2017, and the said judgment became final and conclusive on April 7, 2017. As such, the crime of assault against the Defendant and the violation of the Punishment of Violences, etc. Act (Habitual Violence) which became final and conclusive in the judgment of the lower court, are concurrent crimes by a group of crimes after Article 37 of the Criminal Act, and should be sentenced to punishment for each crime under the judgment of the lower court, taking into account equity with the case where the judgment is to be rendered simultaneously

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

However, the defendant's argument about mental and physical weakness is still subject to the judgment of this court despite the above reasons for reversal of authority.

B. In light of the background leading up to the Defendant’s committing the instant crime, the means and method of committing the instant crime, etc., it is not determined that the Defendant had a weak ability to discern things or make decisions at the time of preventing the instant crime.

The defendant's mental and physical weak argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.