The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. Summary of grounds for appeal;

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

B. The lower court’s sentence of unreasonable sentencing (200,000 won of fine) is too unreasonable.

2. According to the records of ex officio determination, on January 20, 2017, the Defendant was sentenced to imprisonment with prison labor for a period of eight months in the Cheongju District Court Chungcheong Branch Branch for fraud, and the judgment became final and conclusive on May 5, 2017.

The crime of fraud and the crime of this case, which became final and conclusive, shall be sentenced to punishment for each of the crimes of this case in consideration of equity and the concurrent crimes under Article 39(1) of the Criminal Act, with regard to the relationship between the latter part of Article 37

Therefore, the judgment of the court below can no longer be maintained.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability is still subject to the judgment of this court, and this is examined.

3. According to the records of this case as to the claim of mental disability, even though the above defendant is deemed to have served alcohol at the time of the crime of this case, considering such circumstances, in light of the background of the crime of this case, the means and method of the crime of this case, the attitude and behavior of the above defendant before and after the crime of this case, and the circumstances after the crime of this case, it is not deemed that the above defendant did not have reached a state where he lacks the ability to discern things or make decisions, and therefore, the claim of mental and physical disability of

4. Although the defendant's argument of mental disability is without merit, the judgment of the court below is reversed ex officio in accordance with Article 364 (2) of the Criminal Procedure Act, since there is a ground for reversal of the above ex officio.

【Reasons for the Judgment of the Supreme Court, 【Defendant” shall be punished by imprisonment with prison labor for fraud in the Cheongju District Court Assistance on January 20, 2017, in the first head of the crime committed in the judgment of the court below.