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. Sentencing and warning the gist of the grounds for appeal (a fine of three million won is imposed);

2. Ex officio determination was made by the lower court, and the Defendant asserted that reduction of or exemption from punishment due to mental or physical disorder at the lower court (Article 35 of the record of trial) and Article 10 of the former Criminal Act (amended by Act No. 15982, Dec. 18, 2018) provide for the necessary reduction of or exemption from punishment for the mentally or physical disorder. Article 323(2) of the Criminal Procedure Act requires a necessary judgment on the assertion of conviction.

Nevertheless, the court below found the defendant guilty and omitted the judgment on the argument of mental disorder. The judgment of the court below is no longer erroneous because it did not attach the reason.

3. Thus, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's judgment as to the sentencing and light of judgment, and it is again decided as follows after pleading.

[Separate Decision] The summary of facts constituting an offense and evidence recognized by the court below is identical to the description of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the relevant criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Whether or not the defendant has mental or physical disorder under Article 62(1) of the suspended execution of the Criminal Act, and the fact that the defendant has been suffering from 20 times around the 20th anniversary of his military service and the defendant has repeated medical treatment, such as over-the-counter behavior and language, may be acknowledged, but there was no ability to discern things or make decisions;

As it is difficult to recognize that the punishment has not been mitigated or that the punishment has not been mitigated, the defendant's mental and physical argument shall not be accepted.

Persons on the grounds of sentencing: Confession, the same kind of imprisonment without prison labor, etc., for the mitigated police officers: Confession, confession or imprisonment without prison labor.