A defendant shall be punished by imprisonment for two years.

A. The Defendant committed the instant crime under the influence of distinguishing things or lacking ability to make decisions due to depression, bipolartic disorder, abuse of alcohol, etc. at the time of the lower judgment (as to the lower judgment, the Defendant committed the instant crime.

B. The sentence of the lower court (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 1 year) against an unfair defendant is too unreasonable.

Judgment

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.

Accordingly, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code.

In this respect, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.

However, the defendant's argument of mental and physical weakness against the judgment of the court of first instance is still subject to the judgment of this court, and this is examined below.

B. 1) The lower court’s determination on the assertion of mental and physical weakness 1) In light of the background, method, content, and circumstances after the crime of this case, the Defendant had the ability to discern things or make decisions at the time of the crime.

of this section.

In light of the above, the defendant and the defense counsel did not accept.

2) The evidence duly admitted and examined by the lower court based on the evidence duly admitted and examined by the lower court, and in particular, the following circumstances acknowledged based on the result of the mental commission to the care and custody center for the official care and custody center for the examination, namely, BC’s evaluation of the official care and custody center for the short term.