The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The Defendant was suffering from mental illness at the time of each of the instant crimes, and was in a state of mental and physical weakness by drinking.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. In the trial of the court, the prosecutor of the judgment ex officio applied the "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special continued injury", and the "Article 3 (1), 2 (1) 3, and Article 257 (2) of the Criminal Act" to "Article 258-2 (1) and Article 257 (2) of the Criminal Act" to "Article 258-2 (1) of the Criminal Act and Article 257 (2) of the Criminal Act" to the name of the defendant in the crime against the defendant. This court permitted this and changed the subject of the judgment, and the remaining criminal facts are concurrent crimes under the former part of Article 37 of the Criminal Act and thus, the judgment of the court below cannot be maintained in its entirety.

B. According to the record of the determination on the assertion of mental and physical weakness, the fact that the defendant had been hospitalized in the past under the name of sick person, such as complication and bipolartic disorder, and shows symptoms of such mental illness at present is recognized as having drinking immediately before each of the instant crimes.

However, in light of the background leading up to each of the crimes in this case, the means and methods, and the circumstances before and after the commission of the crime, etc., the defendant seems to have suffered from mental illness or drinking that the defendant lacks the ability to discern things or make decisions. Therefore, the defendant's mental and physical weakness allegation is without merit.

3. As such, the defendant's mental and physical weakness are without merit, but the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without further proceeding to decide on the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-use]