A defendant shall be punished by imprisonment for a term of one year and two months.

A. The Defendant was under the influence of alcohol at the time of committing the crime of the first instance judgment, and was in a state of mental disability or mental disability.

B. The sentence imposed by the court below (the first instance court: imprisonment with prison labor for six months and the second instance court: imprisonment with prison labor for one year) is too unreasonable.

2. Determination

A. Since each of the judgments of the court below's ex officio determination is in a concurrent crime under the former part of Article 37 of the Criminal Act, this court shall render a sentence against the defendant upon making a consolidation decision with respect to each of the above cases appealed by this court.

Therefore, the judgment of the court below is no longer maintained.

However, the defendant's assertion of mental disorder is still subject to the judgment of this court, even if there is a ground for ex officio reversal as above.

B. In light of various circumstances indicated in the records, such as the process and process of the instant crime, the Defendant’s behavior before and after the instant crime, etc., even if the Defendant was in a state of drinking at the time of the crime in the judgment of the first instance court, it does not seem that the Defendant did not have the ability to discern things or make decisions, or did not have such ability. Therefore, this part of the Defendant’s assertion is without merit.

3. 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, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Article 352 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347 of the Criminal Act for criminal facts.