The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant committed each of the instant crimes under a mental and physical weakness, punishment shall be mitigated.

B. In light of the following: (a) the Defendant’s wrongful sentencing reflects the depth of the Defendant; (b) the Defendant is a recipient of basic living who is not well-grounded in economic conditions and health conditions; and (c) the Defendant’s wife’s body is difficult to engage in economic activities due to inconvenience; and (b) the sentence imposed by the lower court (five million won in penalty) is unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to six months of imprisonment with prison labor due to forced indecent conduct in the Goyang Branch of the District Court on August 31, 2016, and the judgment became final and conclusive on November 23, 2016.

Since the crime of interference with the duties of the court below against the defendant and the crime of assault and the crime of indecent act on the above forced execution, etc., which became final and conclusive, are concurrent crimes with the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this regard,

However, despite the above reasons for reversal ex officio, the defendant's argument about mental and physical disorder still is subject to the adjudication of this court, which will be examined below.

3. According to the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical disability argument, it is recognized that the Defendant had a drinking condition at the time of each of the instant crimes, but it does not constitute a lack of the Defendant’s ability to discern things or make decisions, in light of the circumstances leading to each of the instant crimes, the method and method of the crime, and the circumstances after the crime.

The defendant's mental disorder is without merit.

4. Accordingly, the defendant's mental and physical disability is asserted.