The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the court below's sentence of imprisonment with labor for a period of ten months is too uncomfortable and unfair;

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal by the prosecutor, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the prosecutor, and the prosecutor applied for changes in the indictment with regard to "Mail World Cup, which is a dangerous thing," among the facts charged in the court, and the name of the crime as "Mail World Cup", and the name of the crime was changed by obtaining permission therefor from the court, by violating the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" (Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (Article 257(1) of the Criminal Act).

Therefore, the judgment of the court below is no longer maintained.

B. We examine ex officio whether the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime. The record reveals that the Defendant had drinking alcohol at the time of committing the instant crime, but it does not seem that the Defendant had the weak ability to discern things or make decisions due to drinking, in light of various circumstances, such as the process and process of committing the instant crime, means and method, and the Defendant’s speech and behavior before and after the instant crime.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by this court is as follows, except for deletion of criminal records stated in the first head of the judgment of the court below, and thus, it is identical to the corresponding column of the judgment of the court below. Thus, it is also quoted in accordance with Article 369

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;