The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 13 million.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the defendant committed a crime in a state of mental disorder, the punishment should be mitigated.

B. The sentence of the lower court (ten months of imprisonment) is too unreasonable in the course of sentencing.

2. Determination

A. According to the records of the argument of mental and physical disability, the argument that Article 10(2) of the Criminal Act should be applied is rejected, since the defendant is deemed to have committed a breathous crime, but it does not seem to have a defect in the ability to distinguish things or make decisions due to drinking.

B. We examine the allegation of unfair sentencing, the Defendant’s deposit money of one million won against the victimized police officers when the Defendant was in the trial for the first time, and there is a need to treat good species of life, there is no record of punishment as a crime of the same kind of crime, and there is no record of punishment. In addition, when examining the detention days (128 days) before the imposition of the judgment in the trial, the Defendant’s age, character and conduct, family environment, etc., the lower court’s punishment is heavy.

Therefore, we accept the defendant's argument.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Judgment of the court below] The summary of criminal facts and evidence admitted by a party member of the summary of criminal facts and evidence is the same as the corresponding column of the judgment below, and thus, it shall be cited as it is in accordance with Article 3

However, the second part of the judgment of the court below shall be subject to the second part of the 14th part of the judgment of the court below, "after being locked".

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Each selective fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Determination of the Defendant’s assertion on the provisional payment order under Article 334(1) of the Criminal Procedure Act is based on the Defendant’s assertion of discretionary mitigation and determination thereon.