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

A. The Defendant (i) was under the influence of alcohol at the time of committing each of the crimes set forth in the judgment of the first and third instances, and was in the state of mental disorder or mental disability.

In light of the various sentencing conditions in the instant case of inappropriate sentencing, each of the lower courts’ sentences (the first instance court: the imprisonment of October, the second instance court: the imprisonment of June, and the third instance court: the imprisonment of one year) against the Defendant is too unreasonable.

B. The third instance court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. The defendant has filed an appeal against each judgment of the court below, and the court of the court of the first instance has decided to jointly examine each of the above appeal cases. The crime of each of the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment shall be imposed within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, each of the judgment of the court below against the defendant

However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability still is subject to the judgment of this court.

B. In light of the following: (a) the determination of the assertion of mental disorder; (b) the background and method of the crime in each judgment of the first and third instances recognized in the record; and (c) the means and method of the crime; and (d) the circumstances before and after the crime, the Defendant was unable to discern things at the

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is without merit.

3. Accordingly, the defendant's mental and physical disability argument is without merit, but each of the above judgment below is without merit, and the defendant and the prosecutor's argument of unfair sentencing is reversed under Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

Criminal facts and evidence against the defendant recognized by this court as the summary of the evidence.