A defendant shall be punished by imprisonment for not less than eight months.

A. The Defendant was in a state of mental disorder due to excessive drinking at the time of each crime in the judgment of the first and second instance.

B. Each sentence sentenced by the first and second instances of unfair sentencing (the first instance judgment: imprisonment with prison labor for 6 months and the second instance judgment: imprisonment with prison labor for 4 months) on the defendant is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal of ex officio judgment, the first and second judgments were rendered to the defendant, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings. Each of the crimes in the first and second judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first and second judgments cannot be maintained.

However, the defendant's argument about mental disorder is subject to the judgment of this court, despite the above reasons for reversal of authority.

B. In light of the background, process, means, and method of each of the instant crimes, the Defendant’s behavior before and after each of the instant crimes revealed in the evidence duly adopted and examined by the first and second instance court, etc., it is deemed that the Defendant was aware of drinking at the time of each of the instant crimes, but it does not seem that the Defendant was in a state of discerning things or losing the ability to make a decision, and thus, the above assertion by the Defendant is rejected.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

Criminal facts recognized by this court as well as the summary of the evidence are classified as the corresponding columns of the original judgment.