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. 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.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Examining the record of this case’s ex officio determination, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Incheon District Court on November 19, 2014 and the judgment became final and conclusive on April 3, 2015.

The crime of injury and the crime of this case, for which judgment has become final and conclusive, shall be sentenced in consideration of equity in cases where a judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. Therefore, the judgment of the

However, even if there are such reasons for ex officio destruction, the defendant's mental and physical argument is still subject to the judgment of this court, and this is examined below.

B. Comprehensively taking account of the evidence duly admitted and examined by the court below, it may be recognized that the defendant had a drinking condition at the time of committing the instant crime, but the defendant did not have the ability to discern things or make decisions due to drinking at the time of committing the instant crime.

Since it does not seem that it has reached a state or weak, the defendant's assertion is without merit.

3. Therefore, 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.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, except for adding "the defendant was sentenced to six months of imprisonment with prison labor for an injury at the Incheon District Court on November 19, 2014 and such judgment became final and conclusive on April 3, 2015" to "the facts charged by this court and the summary of the evidence as stated in each corresponding column of the judgment below."