The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant had a record of having been punished several times for violent crimes, and committed the instant crime during the period of repeated crime due to a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc.

However, the crime of this case was arrested in the act of committing the crime of this case on suspicion that the defendant had an electronic device separated voluntarily from his body to function, and was connected with the earth, and then the defendant abandoned the electronic device.

The electronic device was lost, not intentionally separated from the body, to the public official of the suspected protective observation office.

In the process of defense, the above public official was put at one time and there are circumstances to consider the circumstances (the defendant was sentenced to imprisonment in 2014 and 2016 due to the crime that impairs the utility of the past electronic device, but the above previous criminal records were the cases that the defendant dumped or laid down the electronic device in a garbage bag, etc., while the defendant was arrested in a flagrant offender under the direction of the Protection and Observation Office to inform the public official of the fact that the electronic device was lost at the time of the crime of this case.

Defendant was not prosecuted for violating the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc.

The Defendant committed the instant crime under the unstable state of mental illness, such as a bipolartic disorder.

In addition, comprehensively taking account of the various circumstances, such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for the new judgment】 Summary of facts constituting an offense and evidence