All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disability or mental disability due to disease such as alcohol dependence.

B. Each sentence imposed by the court below on the defendant (the first sentence: a fine of one million won, and the second sentence: a fine of three million won) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio due to the consolidation, the case of appeal by the first instance court against the first instance judgment, and the case of this court 2013No3261, which is the appellate case against the second instance judgment, was consolidated in the oral proceedings of the trial. The first and the second lower court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the term of punishment increased by concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, the lower court's judgment cannot be exempted from all reversal.

However, despite such reasons for ex officio destruction, the defendant's argument about mental and physical disorder is still subject to a trial at the trial at the court, and this will be examined below.

B. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, it is recognized that the Defendant was under medical treatment due to alcohol existence at the time of the instant crime, but in light of the various circumstances such as the Defendant’s behavior before and after the instant crime, the Defendant did not have the ability to discern things or make decisions due to the foregoing disease.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

3. Accordingly, the judgment of the court below is reversed on the grounds of ex officio reversal, without examining the Defendant’s assertion of unfair sentencing, and the judgment of the court below ex officio under Article 364(2) of the Criminal Procedure Act.