The judgment of conviction in the first instance judgment and the second instance judgment shall be reversed respectively.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. Defendant and prosecutor’s appeal 1) Defendant: mental and physical weakness and sentencing are deemed to have committed a crime under the influence of mental and physical weakness (the guilty portion of the first instance judgment). Defendant committed a crime under the influence of mental and physical weakness.

B) The sentence sentenced to the first instance sentence for the sentencing (eight months of imprisonment) is too unreasonable.

2) Prosecutor: Compared to the facts charged that the Defendant, by mistake of facts and mistake of sentencing (the part not guilty in the first instance judgment) (the part not guilty in the judgment), destroyed C’s property, TV and glass cup damaged by the Defendant constitutes “A” or “other’s property” as jointly owned by the Defendant and C, which is at least the object of the crime of property damage.

Although the court below found the defendant not guilty of this part of the facts charged, the court below erred by misapprehending the facts.

B) The sentence sentenced to the first instance court’s unfair sentencing is too uneasy and unfair.

B. 200No. 847: Defendant’s appeal 1 against the judgment of the court below No. 2) Defendant with mental and physical weakness committed a crime under a state of mental and physical weakness.

2) The sentence sentenced to the second instance sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio the grounds for ex officio appeal before determining the grounds for appeal.

After the judgment of the court below against the defendant was pronounced, the defendant filed each appeal against the judgment of the court of first instance against the judgment of the court of first instance, and this court decided to hold a joint hearing of each of the above appeal cases.

Each crime of the lower judgment against the Defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the lower judgment was unable to be maintained as it is.

However, despite the above reasons for reversal ex officio, the defendant's assertion of mental and physical weakness against the judgment below and the prosecutor's mistake of the non-guilty part of the first instance judgment is still subject to a trial.