The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The Defendant with mental or physical weakness was under the influence of alcohol and committed a crime of KRW 1,2 in the judgment of the first and second instance under the influence of mental or physical weakness.

B. The sentence of the lower court (the first instance court: the imprisonment of six months, and the second instance court: the imprisonment of four months) is too unreasonable.

2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crime of the judgment of the court of first instance and the crime of the judgment of the court of second instance in the judgment of the court of second instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and should be punished as a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, notwithstanding 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, which is judged below.

2. According to the evidence submitted by the prosecutor as to the argument of mental and physical weakness, the defendant is found to have committed a crime in the first and second instance judgment while drinking, but it does not seem that the defendant lacks the ability to discern things or make decisions. Therefore, the defendant's argument of mental and physical weakness is without merit.

3. As seen above, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below Nos. 1 and 2 is reversed, and the following is again decided after pleading.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court and the summary of evidence are identical to the corresponding column of the first and second judgments, except for the deletion of the records of the judgment in the first instance judgment, and thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;