All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

A seized kitchen, a kitchen, etc.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental or physical disability, who was under the influence of alcohol, or of mental or physical disability.

B. Each sentence (the first instance judgment: imprisonment with prison labor for 1 year and 2 months: imprisonment with prison labor for 6 months) imposed by the lower court is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the case of this court 2013No2965, which is the case of appeal against the judgment of the court of first instance, and the case of this court 2014No925, which is the case of appeal against the judgment of the court of second instance, was consolidated in the proceedings of the oral argument. Each of the crimes of the judgment of the court below 1 and 2 is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of aggravated crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

However, there are reasons for the above ex officio reversal in the judgment below.

Even if the judgment on the defendant's mental disorder is still subject to the judgment of this court, it is examined.

B. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant is deemed to have been in a state of drinking alcohol to a certain extent at the time of each of the crimes of this case, but in light of the circumstances leading to each of the crimes of this case, the means and method of the crime, and the circumstances before and after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking

Since it does not seem that the defendant was in a state or weak condition, the defendant's argument about mental disorder is without merit.

3. 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 assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

[Grounds for the judgment]