The judgment of the court below is reversed.

A defendant shall be punished by a fine of 600,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant of a mental disorder is taking a long period of medicine due to his mental and physical symptoms, such as a re-regradic depression disorder, depression disorder, etc., and even family history resulting from such surgery was added, and the instant crime was committed in the state of mental disorder or mental and physical disability.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 600,000) is too unreasonable.

2. Determination:

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

According to the records, the Defendant was sentenced to one year of imprisonment with prison labor at Suwon District Court on April 20, 2016, and the said judgment became final and conclusive on July 8, 2016.

Since the Defendant’s crime of this case and the crime of false accusation, etc. for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after concurrently examining whether to reduce or exempt punishment in consideration of equity and equity in cases where a judgment is rendered at the same time pursuant to the

In this respect, the judgment of the court below cannot be maintained as it is.

However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

B. According to the record of the judgment on the assertion of mental disorder, there are symptoms such as a renal disorder, depression disorder, etc., and drinking facts at the time of the instant crime. However, in light of the background leading up to the Defendant to the crime, the method of the crime, the time of the crime, and the following circumstances, etc., the Defendant did not have the ability to discern things or make decisions at the time of the instant crime.

It does not seem to be in a state or weak.

Therefore, the defendant's mental disorder is without merit.

3. The judgment of the court below is based on Article 364 (2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.