The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The lower court’s sentence of an unreasonable sentencing (5 million won by fine) against the Defendant is too unreasonable.

2. Determination

A. According to the records of this case as to the claim of mental disability, the following circumstances are recognized.

1) The Defendant was asked at the prosecutor’s office about how he drinks at the time of the instant case, and stated that “I am dynasium at the time of the instant case,” “I am dynasium at the time of the instant case,” and “I am dynasium at the time of the instant case. I am dynasium at the time of the instant case, and expressed that I am dynasium at the time of the Defendant’s appearance as a witness at the court of the lower court and stated that “I dynasium dynasium dynasium at the time of the Defendant’s appearance as “I dynasium dynasium.

3 The Defendant, who was arrested immediately after the instant crime, and received an investigation at the police station, stated that “A person is informed of whether he/she is subject to investigation for any reason” is obstruction of performance of official duties. The Defendant stated that “I will have known that he/she would have been under investigation because he/she would have been under investigation.”

Comprehensively taking account of the aforementioned circumstances, the Defendant’s drinking alcohol at the time of committing the instant crime, but in light of the motive, circumstance, means and method of the instant crime, and the Defendant’s behavior before and after the instant crime, it does not seem that the Defendant did not have reached a state where he had the ability to discern things or make decisions under the influence of alcohol

Therefore, the defendant's argument of mental disability is not accepted.

B. The Defendant shows an attitude against the allegation of unfair sentencing when it comes to the trial.

In addition, there is no criminal record except that the defendant was subject to a disposition that he/she was not prosecuted due to assault in 2013.

The age, age, and age of the defendant.