All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A seized knife shall be confiscated.

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence 1 (6 months of imprisonment, 2 years of suspended sentence, 40 hours of probation, and 40 hours of order to attend a course) by the prosecutor (as to the lower court’s judgment of the first instance) is too uneasible and unreasonable.

B. Defendant (Defendant 1) was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

2) The sentence of the lower court’s 2nd sentence (6 months of imprisonment) is too unreasonable.

2. We examine ex officio determination.

The first and second judgment against the defendant was rendered, and the prosecutor filed an appeal against the second judgment against the defendant, and this court decided to hold a joint trial against each of the above appeals cases.

Each crime of the first and second judgment against the accused shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.

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

3. According to the records of the judgment on the assertion of mental and physical disorder, even though the defendant had drinking alcohol at the time of the crime in the judgment of the court below, in light of the circumstance leading up to the crime, method of the crime, the time of the crime and the circumstances thereafter, it is not deemed that the defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of the crime.

Therefore, the defendant's mental disorder is without merit.

4. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining each of the unfair arguments by the defendant and the prosecutor, and it is again decided as follows.