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.

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state that he was unable to discern things or make decisions due to mental disorder, such as shock disorder, etc.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant prior to the judgment on the grounds for appeal.

According to the records of this case, it is recognized that the defendant was sentenced to 10 months of imprisonment with prison labor for the crime of injury at the Seoul Central District Court on September 23, 2016 and that the above judgment became final and conclusive on November 25, 2016. Thus, the crime of injury and the crime of injury on which the crime of the judgment of the court below and the judgment of the court below against the defendant were final and conclusive on November 25, 2016 are concurrent crimes in relation to the crime of injury after Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of this case in consideration of equity with the case where judgment is to be rendered simultaneously

B. As to the Defendant’s assertion of mental and physical weakness, notwithstanding the above reasons for reversal ex officio, the Defendant’s assertion of mental and physical weakness still is subject to the judgment of this court.

In light of all the circumstances, such as the background, means and method of the instant crime, the Defendant’s behavior before and after the instant crime committed, etc., the Defendant had weak ability to discern things or make decisions due to mental illness, such as disorder, etc., at the time of the instant crime.

Therefore, we cannot accept the defendant's argument of mental and physical weakness.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

Criminal facts and the summary of the evidence admitted by the court as well as the summary of the evidence, shall be the evidence.