The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes, the Defendant was in a state of mental disorder due to the insane disease.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Determination of mental disorder as to the assertion of mental disorder under Article 10 of the Criminal Act requires mental disorder other than mental disorder such as mental illness or abnormal mental condition due to biological factors. Thus, even if a person with mental disorder is a person with mental disability, if he/she has the ability to discern things or control action accordingly, he/she cannot be deemed a mental disorder (see, e.g., Supreme Court Decision 2006Do7900, Feb. 8, 2007). Determination of the existence and degree of mental disorder under Article 10(1) and (2) of the Criminal Act is not necessarily bound by the opinion of a professional appraiser. It is not necessarily required by law, but by considering the following legal principles, such as the type and degree of mental disorder, motive and reason for the crime, behavior and appearance of the defendant before and after the crime, the existence of evidence before and after the crime, the degree of harm before and after the crime, the relationship between the defendant's mental disorder and the present situation before and after the crime, and the occurrence of mental disorder within 15 years.