The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal was under the influence of alcohol at the time when the defendant committed the crime, so that the defendant was under the influence of alcohol to discern things or lose the ability to make decisions or lacks the ability.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the records show that the defendant was sentenced to imprisonment with prison labor for not less than one year and two months at the Busan District Court on December 17, 2019, and the judgment on May 14, 2020 became final and conclusive. On July 9, 2020, the court sentenced three months to imprisonment with prison labor for assault and the judgment on July 17, 2020.

Since the assault crime of this case and each of the above crimes for which judgment became final and conclusive, in relation to concurrent crimes after Article 37 of the Criminal Act, a punishment should be imposed after considering equity in the case of concurrent trials pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment, the judgment of the court below cannot be maintained as it is.

However, even if there are reasons for ex officio reversal, the defendant's mental and physical disorder is still subject to the judgment of this court, and this is examined below.

3. According to the evidence duly adopted and examined by the court of the court below as to the grounds for appeal, it is recognized that the defendant committed the crime of assault in the judgment in the state of drinking.

However, in light of the circumstances such as the Defendant’s motive and statement of the situation at the time of committing the crime in an investigative agency, and the background leading up to the crime, the Defendant’s attitude and behavior before and after the commission of the crime, the Defendant was in a state where the Defendant had the ability to discern things or make decisions due to drinking at the time of committing the crime

It does not appear.

Therefore, the defendant's assertion is without merit.

4. Thus, the defendant's mental and physical disability is without merit, but the judgment of the court below is in accordance with Article 364 (2) of the Criminal Procedure Act, since there is a ground for reversal ex officio above.