All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

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

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant prior to the determination of ex officio.

1) The court held that each appeal case against the judgment of the court below was consolidated and tried, and that each offense against the defendant in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the defendant shall be punished as a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court below is no longer maintained. 2) According to evidence duly adopted and investigated at the court of the first instance, the defendant can be acknowledged the facts that the above judgment became final and conclusive on November 11, 2015 after being sentenced for six months by imprisonment with prison labor at the District Court of Jung-gu on April 22, 2015 at the District Court for fraud. As such, the crime for which judgment became final and the crime in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt the punishment, the judgment of the court below also becomes no longer maintained.

However, the defendant's argument about mental disorder is still subject to the court's trial.

B. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, it is recognized that the Defendant had a significant drinking condition at the time of the instant crime, but in light of various circumstances, such as the background and process of the instant crime, and the Defendant’s speech and behavior before and after the instant crime, etc., the Defendant has a weak ability to discern things or make decisions due to drinking.