The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although a mistake of facts or misunderstanding of legal principles as to the part of mental disability at the time of the instant case, the Defendant did not have the ability to discern things or make decisions, and the lower court recognized otherwise and rendered a reduction of mental disability by mistake of facts or misunderstanding of legal principles as to this part, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

2. According to the evidence duly admitted and examined by the court below, the defendant is not deemed to have been in the absence of the ability to distinguish things or make decisions, considering the following: although the defendant was in a drunken condition at the time of the crime of this case, the majority amount of the defendant, the amount of drinking alcohol at the time, the actions and remarks before and after the crime of this case, and in particular, the victim was aware of the fact that the defendant was a fire-fighting official at the time.

Nevertheless, the court below found that the defendant had no capacity to discern things at the time or make decisions, and thereby sentenced the punishment within the mitigated sentences.

Therefore, the prosecutor's above mistake of facts or misapprehension of legal principles is justified.

3. If so, the prosecutor's appeal is with merit, and without examining the prosecutor's argument of unfair sentencing, the decision of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is to be deleted from the respective corresponding columns of the judgment of the court below, except for the deletion of the facts constituting an offense of the court below, “where the principal offender, etc. has a lack of ability to discern things or make decisions.”