The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

When committing the instant crime, the Defendant was in the state of lacking the ability to discern things or make decisions due to brain functional disorder caused by cerebral surgery aftermathy (e.g., depression disorder) at the time of the instant crime, but the lower court neglected this.

In light of the overall circumstances of this case of unfair sentencing, the punishment imposed by the court below on the defendant is too unreasonable.

Judgment

The mental disorder stipulated in Article 10 of the Criminal Act regarding the claim for mental disorder is a biological factor and needs to be judged by lack or decrease in the ability to distinguish things due to such mental disorder as a psychological factor in addition to the mental disorder such as mental disorder, mental weakness, or abnormal mental condition. Thus, even if a person with mental disorder is a person with normal ability to distinguish things or control action at the time of committing the crime, the mental disorder shall not be deemed to be a mental disorder.

Although the Defendant alleged that he had reached the instant crime due to brain surgery at the age of 21 after he was under the age of 21 and aftermathing the left, the evidence submitted alone is insufficient to determine whether the Defendant had actually undergone brain operation. According to records, the instant crime was committed in order to prevent the victim who was under the influence of 0.140% under the influence of alcohol and was assaulted by the Defendant to prevent the victim who was under the influence of 0.140% under the influence of alcohol to report her driving to the police. In light of the motive and developments leading up to the instant crime, means and methods of the crime, circumstances before and after the instant crime, and the Defendant’s criminal records, etc., as the Defendant assaulted the victim clearly for the purpose of avoiding disadvantage whose driver’s license was revoked, it does not appear that the Defendant had the ability to discern things or make decisions at the time of the instant crime.