A defendant shall be punished by imprisonment for not less than one year and six months.

A. Defendant 1) At the time of the crime of the first instance judgment on mental and physical disability, the Defendant was in a state of mental and physical disability under the influence of alcohol. 2) The lower court’s punishment of unreasonable sentencing (Article 1: 1 year of imprisonment, and 2: 6 months of imprisonment) is too unreasonable.

B. The sentence of the judgment of the court below of the second instance by the prosecutor is too uneasible.

2. Determination

A. Ex officio determination of ex officio, the defendant and the prosecutor filed each appeal against the above judgment of the court below and decided to hold concurrent trials. Each of the crimes of the court below Nos. 1 and 2 against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained in this respect.

However, the defendant's claim of mental disability as to the judgment of the court of first instance is still subject to the judgment of the court of this Court, and this is in this regard as follows.

B. The Defendant’s assertion of mental disability is deemed to have been in a state of drinking alcohol at the time when the first instance judgment was committed, but does not seem to have been in a state of lacking the ability to discern things or make decisions, in light of the content of the crime and the overall circumstances before and after the crime. Therefore, the Defendant’s assertion is without merit.

3. Accordingly, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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