The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness by drinking alcohol.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 2.5 million) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record of this case reveals that the Defendant was sentenced to a suspended sentence of six months on January 29, 2016 to a crime of interference with business at the Incheon District Court Branch Branch of the Incheon District Court, and on February 6, 2016, it can be recognized that the above judgment became final and conclusive on February 6, 2016. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes after Article 37 of the Criminal Act, and the crime of this case are determined by the sentence after examining whether to reduce or exempt punishment by taking into account the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and equity, so the lower judgment is no longer

However, the judgment of the court below has the above reasons for reversal.

Even if the defendant's argument about mental disorder is still subject to the judgment of the court, this paper examines this issue.

B. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, in light of various circumstances, such as the circumstance and process leading up to the crime, and the fact that the defendant testified in the police investigation process after the crime of this case, the defendant was in a state that the defendant lacks the ability to discern things or make decisions due to drinking at the time of the crime.

does not appear.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-use]