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.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions by taking advantage of the right and wrongness.

B. The punishment sentenced by each court below on the grounds of unfair sentencing (Article 1: imprisonment with prison labor for a year and six months, and a fine for a fine of two million won) is too unreasonable.

2. Determination:

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The first and second judgment of the court below was pronounced, and the defendant appealed all of them, and this court decided to hold a joint hearing of the above two appeals cases.

However, since each crime recognized by the court of original judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

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

B. According to the records on the determination of mental and physical disability, the defendant may be found to have alcohol-related existence and the fact that the defendant committed the crime in this case under the influence of drinking. However, in full view of the circumstances leading up to the commission of the crime, the means and method of the crime, the defendant's act before and after the crime in this case, it is not deemed that the defendant had the ability to discern things or make decisions at the time of the crime in this case.

3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

【Criminal facts alleged in the judgment of the court and summary of the evidence】 Summary of criminal facts and the summary of the evidence are the gist of the evidence.