The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In the event that the Defendant was under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the scope of the judgment.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the lower court on the Defendant is too unreasonable.

2. Determination:

A. According to the records on the assertion of mental disorder, even though the defendant was deemed to have a certain degree of drinking at the time of committing the instant crime, in light of all the circumstances such as the background of the instant crime, the means and method of committing the instant crime, and the defendant’s behavior before and after the instant crime, it does not appear that the defendant was unable or weak to discern things due to drinking at the time of committing the instant crime.

Therefore, the defendant's mental disorder cannot be accepted.

B. On May 28, 2014, the Defendant rendered a judgment on the assertion of unfair sentencing, on the grounds that he/she violated the Punishment of Violences, etc. Act (collective assault, etc.) at the Busan District Court, sentenced one year of imprisonment to two years of suspension of execution and one year of probation on June 6, 2014, and the judgment became final and conclusive. In particular, the criminal facts of the above final judgment were committed by the Defendant by carrying a deadly weapon as a deadly weapon, and assaulting the Defendant’s wife by carrying it over around October 16, 2013. In light of the fact that the Defendant committed the instant crime only one month after the final and conclusive judgment became final and conclusive, taking into account that the Defendant committed the instant crime during the period of suspension of execution, the Defendant needs to be held

However, there are many arguments in the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., where the Defendant led to the confession of the instant crime, the victims’ damage seems not to be relatively serious, and the mother of the victims, who is the legal representative of the victims, does not want punishment against the Defendant.