1. The first original judgment shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability or mental health disorder.

B. The lower court’s sentence (the first instance court: the fine of KRW 1 million, and the second instance court: the imprisonment of KRW 100,000) is too unreasonable.

2. Although the defendant filed each appeal against the judgment of the court below and decided to concurrently examine each of the above appeals cases, the crime of the judgment of the court of first instance is one of the concurrent crimes with the crime of violence for which judgment has become final and the crime of the latter part of Article 37 of the Criminal Act, and the crime of the judgment of the court of second instance should be punished separately from the crime of the judgment of the court of second instance as to the crime of the crime of the crime of the concurrent crimes

According to the records of judgment on the judgment of the court of first instance, the defendant was sentenced to a suspended sentence of one year for four months as a crime of assault at the Seoul Central District Court on September 14, 2017, and the judgment became final and conclusive on September 22, 2017. On November 9, 2017, the Seoul Southern District Court sentenced two years to a suspended sentence of two months for a crime of causing property damage, etc. at the Seoul Southern District Court, which became final and conclusive on November 17, 2017.

The first instance court's decision and each crime for which the above judgment became final and conclusive are concurrent crimes in accordance with the latter part of Article 37 of the Criminal Act, and after considering equity and consideration of mitigation or exemption of punishment pursuant to Article 39 (1) of the Criminal Act, the first instance court's decision cannot be maintained any more.

B. In light of the developments leading up to the instant crime, the method and method of the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the second instance judgment of the second instance, it is difficult to deem that the Defendant was in the state of mental disability or mental disorder due to drinking at the time of the instant crime.

Therefore, the defendant on this point.