A defendant shall be punished by imprisonment for not more than ten months.

A. Defendant 1) The punishment of the 2nd judgment decision (4 months of imprisonment) was too unreasonable.

2) The Defendant, who was mentally and physically weak, committed each of the crimes in the second instance judgment under the mental and physical weakness that lost a normal mental capacity for drinking alcohol.

(b) The sentence of the first decision of the Prosecutor (six months of imprisonment) shall be too unhued and unreasonable;

2. The judgment of the court below in the first and second instances against the defendant in the judgment of the court below in the second instance, and the defendant filed an appeal against the judgment of the court below in the first and second instances, and the court decided to hold concurrent hearings with each of the above appeal cases. The crimes of the first and second judgments against the defendant in the first and second instances are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below in the first and second instances cannot be maintained as they are, since they are concurrent crimes under the former part of Article 38(1) of the Criminal Act.

However, the defendant's second instance judgment's argument about the defendant's second instance judgment is still subject to the judgment of this court regardless of the above reasons for reversal.

3. According to the records on the assertion of mental and physical weakness, the fact that the defendant was drunk at the time of committing the crime stated in the facts constituting the crime in the judgment of the second instance may be acknowledged. However, in light of the background leading up to each of the above crimes, the means and method of committing the crime, and the defendant's speech and behavior before and after the crime, the defendant was in a state of mental disability or significant ability to discern things or make decisions.

It is difficult to see it.

Therefore, the defendant's mental and physical weak argument is without merit.

4. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed on the ground that there is a ground for reversal ex officio as seen above, and the judgment of the court below is reversed in entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed as follows.