All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. Each sentence sentenced by the court below to the defendant (No. 1: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.

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

The Defendant filed an appeal against the lower judgment, and the two appeals cases were consolidated and tried by this Court.

Each crime of the judgment of the court below shall be sentenced to one punishment in accordance with Article 38 (1) 2 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, the defendant's argument about mental and physical weakness is still subject to the judgment of this court despite the above reasons for reversal of authority.

3. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the Defendant’s mental and physical weakness, the Defendant was deemed to have performed drinking at the time of committing the crime, but in full view of the background leading up to the crime, the means and method of the crime, the Defendant’s behavior before and after the crime, and the circumstances after the crime, etc., the Defendant was in a state that he did not have the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the first and second judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;