The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. We examine ex officio prior to determining the grounds for appeal by the defendant for ex officio determination.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to a suspended sentence of two years on August 22, 2014 to imprisonment with labor for the crime of interference with business, etc. at the Suwon District Court on August 22, 2014 and the judgment became final and conclusive on August 30, 2014.

Therefore, the crime of interference with business and the crime of the court below's decision against the defendant, which became final and conclusive, shall be sentenced to punishment for the crime of the court below's decision in consideration of equity in the case of concurrent crimes pursuant to Article 39 (1) of the Criminal Act in relation to the latter part of Article 37 of the Criminal Act, and therefore

However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

B. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was in a state of drinking at the time of committing the instant crime, in light of the Defendant’s ordinary amount of drinking, the background leading up to committing the instant crime, the means and method of committing the crime, and the circumstances, etc., the Defendant did not have the ability to discern things or make decisions due to drinking.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

【Discretionary Judgment] Summary of Criminal facts and Evidence is recognized by this Court.