The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental or physical disability.

2. We examine ex officio prior to the judgment on the grounds for appeal.

According to the records of this case, the Defendant was sentenced to imprisonment for one year at the Daejeon High Court on November 28, 2014 with prison labor for a violation of the Punishment of Violences, etc. Act, and the said judgment became final and conclusive on December 2, 2014.

The above crime and the injury resulting from negligence of this case for which judgment has become final and conclusive shall be sentenced to punishment for the crime of this case in consideration of equity in cases where judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act with regard to concurrent crimes under the latter part of Article 37 of the

The defendant's argument about mental disorder is still subject to the judgment of the court, despite the reason for the above ex officio reversal, and the following is examined.

3. In light of the motive and background of each of the instant crimes, the process of the crime, and the Defendant’s speech and behavior immediately after the crime acknowledged by the record as to the Defendant’s mental and physical disorder, it does not appear that the Defendant, under the influence of alcohol, did not have or lacks the ability to discern things or make decisions.

The defendant's above assertion is not accepted.

4. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the grounds of ex officio reversal, and the following decision is delivered after oral argument.

Criminal facts

The gist of the evidence and the first head of the crime of homicide deleted the phrase “the defendant is a person who has been detained and is still pending in a trial after being charged with attempted murder.” The defendant added to the Daejeon High Court’s imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) on November 28, 2014, and the judgment became final and conclusive on December 2, 2014.” The summary of the evidence is as follows: “A copy of the judgment of Daejeon High Court 2014No326, Jan. 26, 2014.”