The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant’s crime of this case was committed in a state of mental disorder or mental disability.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is found that the defendant was under the influence of alcohol at the time of the crime of this case, but in light of the process, method and method of the crime, the defendant's behavior before and after the crime of this case, etc., it is not deemed that the defendant was under the influence of alcohol and did not have or lacks the ability to discern things or make decisions, and thus,

B. According to the records of ex officio determination, the Defendant was sentenced to eight months of imprisonment with prison labor on December 20, 2013 at the Sungnam Branch of Suwon District Court on May 15, 2014 and became final and conclusive on May 15, 2014. The crime of injury and the crime of this case, for which judgment became final and conclusive, is in a concurrent crime under the latter part of Article 37 of the Criminal Act, and is in a concurrent crime under the latter part of Article 39(1) of the Criminal Act, taking into account equity and taking into account the mitigation of punishment or exemption, and the judgment of the court below has omitted the treatment of concurrent crimes,

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

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court are as follows: "The defendant was sentenced on December 20, 2013 to eight months from the Sungwon District Court's Sungnam Branch's imprisonment with prison labor for an injury in the whole part of the facts charged in the second page of the judgment of the court below, and the above judgment became final and conclusive on May 15, 2014," and the evidence in the second page.