The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disability or mental health disorder, due to an infertility disorder.

B. The sentence of unfair sentencing (five months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, the defendant is deemed to have a drinking condition at the time of the crime of this case, but in light of various circumstances such as the background leading up to the crime of this case, the means and method of the crime, the behavior of the defendant before and after the crime of this case, and the circumstances after the crime of this case, the defendant did not have the ability to discern things or make decisions due to the disorder in labor-management at the time of

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

B. Although the defendant committed the instant crime during the period of suspension of execution and had the record of punishing several times of punishment for the same kind of crime, there are unfavorable circumstances such as the fact that he/she committed the instant crime during the period of suspension of execution, the defendant is divided and reflected in his/her wrong life through five months, the court below agreed with the victim in the instant case, and taking into account the motive and background leading up to the instant crime, the degree of injury, the circumstances after the crime, and other various sentencing conditions in the records, such as the defendant's age, character and conduct after the crime, and environment, the court below's punishment is too unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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