The judgment below

The guilty part shall be reversed.

The crime No. 2, 3, and 1 of the judgment of the defendant against the crime No. 1 of the judgment.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant special intimidation and bodily injury, was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentencing of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. According to the evidence examined by the lower court, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (driving of alcohol) at the Daegu District Court’s Young-gu Branch on August 17, 2016, and the judgment became final and conclusive on November 18, 2016.

Since the crime for which the above judgment became final and the crime No. 1 of the judgment of the court below are concurrent crimes under Article 37 of the Criminal Act, each punishment shall be sentenced for the crime No. 1 of the judgment of the court below and the crime No. 2, 3 and 4 of the judgment of the

However, the court below rendered a single sentence, which affected the conclusion of the judgment by violating the law.

3. The judgment of the court below on the assertion of mental disorder is reversed ex officio, but the defendant's argument of mental disorder is still subject to the judgment of the court.

According to the evidence examined by the court below, even though the defendant was aware that he had drinking to some extent at the time of committing the instant special intimidation or bodily injury, in light of the circumstances leading to the instant crime, the defendant's behavior and circumstances before and after committing the instant crime, etc., the defendant was in a state that he did not have the ability to discern things or make decisions.

shall not be deemed to exist.

This part of the defendant's assertion is without merit.

4. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the defendant's improper assertion of sentencing, and it is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same in the court as of August 17, 2016.