All judgment of the court below shall be reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness at the time of committing the instant crime (as to the judgment of the court of first instance) due to a mental disorder, shock disorder, etc.

B. The punishment of the lower court (the first instance judgment: the fine of KRW 1 million, the second instance judgment: the fine of KRW 1.5 million: the fine of KRW 1.5 million) is too unreasonable.

2. We examine ex officio determination.

The judgment of the court below in 1 and 2 sentenced the defendant to each appeal, and the defendant filed each appeal, and this court decided to hold a joint hearing of the above appeal cases.

Each crime of the first and second judgments against the accused shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.

3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are all indicated in the first instance judgment. The Defendant added “in a state where the Defendant lacks the intent or ability to discern things due to a mental fission, etc.” In addition, except for the correction to “a separate change” in the second instance judgment No. 2, the second instance judgment’s correction to “a separate change” as “a different change,” and thus, it is identical to each corresponding part of the lower judgment. Therefore, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting a crime;

1. Articles 10(2) and 55(1)6 of the Criminal Act for the mitigation of mental and physical weakness (as a result of the record, at the time of committing the crime in the first instance judgment, the Defendant is deemed to have lacking intent or ability to discern things due to mental fission, etc.)

1. The Criminal Act dealing with concurrent crimes;