1. The defendant case portion and the 2. The original judgment shall be reversed, respectively.

A defendant shall be punished by imprisonment for eight years.

1. The first instance court dismissed the prosecutor’s request for the attachment order. The first instance court’s appeal was only filed against the Defendant, and there is no interest in the appeal regarding the attachment order case.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, Aug. 25, 201; 201Do201, Aug. 25, 201).

2. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental disability.

B. The punishment of each judgment of the court below on the grounds of unfair sentencing (Article 1. 7 years of imprisonment, disclosure and notification of information for five years, and Article 2. 1 year of imprisonment) is too unreasonable.

3. Determination

A. Prior to the judgment on the grounds for appeal ex officio following the consolidation of cases, this Court joined the appeal case No. 2 against the part on the defendant's case among the first judgment of the court of first instance. Each of the offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the defendant's cases and the second judgment of the court of first instance cannot be maintained.

However, despite the above reasons for ex officio reversal, the defendant's argument about the part is still subject to the judgment of this court, and this is examined.

B. The result of the mental appraisal by the Director of the Public Medical Treatment and Custody Office in the judgment party on the claim of mental retardation is that "the defendant shall not be deemed to have been in a state of mental disorder or mental defect at the time of committing the crime," and the background, means, and the defendant before and after committing the crime that can be known by the record.