A defendant shall be punished by imprisonment for not more than ten months.

A. The Defendant, at the time of committing the instant crime, was physically and mentally weak due to alcohol addiction and drinking.

B. Examining the sentencing unfair in light of the various sentencing conditions of this case, each sentence sentenced by the lower court to the Defendant (the first instance judgment: imprisonment with prison labor for August and the second instance judgment: imprisonment with prison labor for two months) is too unreasonable.

2. Each appeal case against each judgment of the court below was joined in the court below's ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio. Each of the offenses in the court below's judgment constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be judged at the same time in accordance with Article 38 of the Criminal Act and sentenced to a single punishment. In this regard, each of the judgment of the court below is no longer maintained.

However, despite the above reasons for reversal of authority, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and this is examined.

3. Judgment on the assertion of mental and physical weakness

A. According to the records, it is recognized that the Defendant was suffering from the stimule of alcohol dependence, and in light of the motive, circumstance, means and method resulting from the above crime, the circumstance before and after the crime, etc., the Defendant was in the state of lacking ability to discern things or make decisions due to drinking or mental illness at the time of committing the crime of the judgment of the second instance.

Recognized.

Therefore, the defendant's mental and physical weak argument is justified.

4. In conclusion, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The court below's decision is reversed, and it is again decided as follows.

[Grounds for the judgment to be used again] Summary of facts constituting an offense and evidence is recognized by the court.