A defendant shall be punished by imprisonment with prison labor for up to six months.

A. The judgment of the court below which did not reduce the level of mental disability because the defendant suffered from ordinary alcohol addiction, and was in a state of mental disability under the influence of alcohol at the time of the crime in this case, and thus, was unlawful.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. On July 15, 2016, according to the records, the defendant was sentenced to four months of imprisonment with prison labor for larceny at the Busan District Court on July 15, 2016, and the above judgment became final and conclusive on July 23, 2016. The crime for which the above judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case is in a concurrent relationship under the latter part of Article 39(1) of the Criminal Act, after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is rendered simultaneously. Thus, the judgment of the court below cannot

However, even if the above reasons for ex officio reversal exist, the defendant's assertion of mental disability is still subject to the judgment of this court, and this is examined below.

3. There is no evidence to prove that at the time of the instant crime, the Defendant, at the time of the instant crime, has failed to have the ability to discern things or make decisions due to mental or physical disorder.

Therefore, the defendant's assertion is not accepted.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the following decision is rendered through pleadings.

[Dao-written judgment] The criminal facts and summary of evidence recognized by this court are all criminal facts in the judgment of the court below. The defendant was sentenced to four months of imprisonment with prison labor at the Busan District Court for larceny on July 15, 2016 and the above judgment became final and conclusive on July 23, 2016.