The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The Defendant alleged mental disorder was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

The court below's sentence (one million won of fine) against the defendant claiming unfair sentencing is too unreasonable.

Judgment

According to the records of ex officio determination, the prosecutor filed an application for amendment to an amendment to an indictment with the purport of adding "Article 39 (1) of the Criminal Act" in the applicable provisions of law in the trial of the party, and "the defendant was sentenced to five months of imprisonment with prison labor at the Jeju District Court on June 27, 2013 and the above judgment became final and conclusive on September 4, 2013" in all of the facts charged, and since this court permitted it, the judgment of the court below is no longer maintained.

Although the defendant's argument about the defendant's mental and physical disorder is still subject to the judgment of this court, taking into account the evidence duly admitted and examined by the court below, it is recognized that drinking is true at the time of each crime of this case. Meanwhile, in light of all circumstances such as the circumstance and method of the crime, the defendant's specific behavior before and after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, we cannot accept the defendant's argument.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by the court as stated in this Court shall be "the defendant" in all part of the facts constituting an offense in the first page of the original judgment.