All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. Despite the fact that the Defendant was in a state of mental disability under the influence of alcohol at the time of each crime in the judgment of the first instance, the first instance court erred by neglecting the reason for such mitigation of responsibility.

B. Each sentence (the first instance court: imprisonment with prison labor for one year, two years of suspended execution, probation, 40-hour alcohol treatment lectures, and the second instance court: imprisonment with prison labor for eight months) imposed on the accused by the lower court is unreasonable.

2. Ex officio examination is conducted prior to the judgment on the grounds for appeal by the defendant.

The first and second original judgments were sentenced to each of the defendants, and all of the defendants appealed, and this court decided to hold a joint hearing of the above two appeals cases.

Each crime of the first and second original judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act. Therefore, the original judgment cannot be maintained as it is.

However, despite the above reasons for ex officio reversal, the defendant's mental and physical disorder is still subject to the judgment of this court.

3. According to the evidence duly adopted and examined by the court below regarding the defendant's mental disorder argument, it is recognized that the defendant drinks alcohol at the time of each crime in the judgment of the court of first instance.

However, in light of the circumstances surrounding each of the above crimes, the means and methods of the crime, and the circumstances before and after the crime, it does not seem that the Defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of the crime.

The defendant's mental disorder is without merit.

4. The grounds for appeal as to the defendant's mental and physical disorder as to the judgment of the first instance shall not be accepted.

However, since the first and second original judgment has grounds to reverse ex officio as seen in the above paragraph (2), it is in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing.