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. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was drunk and physically weak.

B. The punishment sentenced by the lower court (4 months of imprisonment) is too unreasonable.

2. Determination

A. Determination as to the assertion of mental or physical weakness 1) Determination as to the existence and degree of mental or physical disorder as stipulated in Article 10 of the Criminal Act does not necessarily necessarily belong to the opinion of a professional appraiser as a legal judgment, but can be independently determined by the court in full view of various circumstances such as the type and degree of mental or physical disorder, motive and background of the crime, means and mode, Defendant’s behavior before and after the crime, degree of reflection, etc. (see Supreme Court Decisions 2007Do8333, 2007Do207 decided Nov. 29, 2007; 99Do1194 decided Aug. 24, 199, etc.). In other words, the Defendant, who was investigated by the police after the crime of this case, was in the state where the Defendant submitted several motivations to customers at the time of the crime of this case, and was in the state where the Defendant’s ability to observe the crime of this case, which was under the protection of the victim at the time of the crime of this case.

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the Defendant had a lot of history of punishment including two times of suspended sentence due to the same type of crime, and the instant crime was committed after being sentenced to suspended sentence due to the same type of crime and became final and conclusive.

However, the degree of interference with the business of this case seems relatively minor, the victim's failure to punish the defendant, the defendant's deep reflects the error, and the defendant's interview with the person in charge of the protection observation during the suspension of execution.