The judgment of the court below is reversed.

Defendant shall be punished by a fine of 3.6 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 had no or weak ability to distinguish things or make decisions under the influence of alcohol at the time of the instant crime. (2) The lower court’s sentence of unreasonable sentencing (fine 2 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental disorder argument, the defendant is found to have drinking alcohol at the time of the crime in this case, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the defendant did not have or lacks the ability to discern things due to drinking, so the above argument by the defendant is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing by both parties is favorable to the Defendant, such as the fact that the Defendant agreed smoothly with the victim, and that the Defendant is the disabled of the third degree of mental disability.

However, the crime of this case is committed by the defendant's failure to obstruct the victim's Schlage business, it is not good that the defendant was admitted to commit the crime in the trial. However, it seems that the court below denied part of the crime in the trial court, but it is a question whether the defendant seriously reflects the defendant's wrongness, such as failure to attend the court on the trial date, etc., and the defendant's records of punishment for violence-related crimes including the same criminal record are ten times, and other various sentencing conditions such as the defendant's age, character and behavior, environment, means and method of committing the crime, and circumstances after committing the crime are considered, it is unfair that the punishment imposed by the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

An appeal by a defendant shall have no reason.