The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. Defendant 1) The crime of this case committed by the Defendant with mental disorder was committed in a state of mental and physical loss or mental weakness by drinking alcohol.

2) The punishment (4 months of imprisonment) of the lower judgment that was unfair in sentencing is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination

A. Before determining the reasons for an ex officio appeal, the record reveals that the Defendant was sentenced to one year by imprisonment with prison labor for fraud, obstruction of duties, obstruction of performance of official duties, obstruction of violence, and insult at the Changwon District Court on December 15, 2016, which was after the judgment of the court below was rendered (Supreme Court Decision 2016No 1101, 2938 (Joint) Decided December 15, 2016), and the above judgment is affirmed by the Supreme Court on February 17, 2017.

Therefore, the crime of the above crime and the crime of the judgment of the court below which became final and conclusive prior to the final and conclusive judgment is in the relation of concurrent crimes after Article 37 of the Criminal Act, and the equality between the judgment and the case of the judgment at the same time pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained

However, notwithstanding the above reasons for reversal of authority, the defendant's argument of mental disorder is still subject to the judgment of this court, and is judged below.

B. According to the records of the judgment on the Defendant’s mental and physical disorder, even though the Defendant committed each of the crimes in this case under drinking, considering the background of the crime, the process of the crime, the Defendant’s behavior before and after the crime, etc., it does not seem that the Defendant lost the ability or decision-making ability to discern things, or it did not appear that the Defendant was lacking.

The defendant's mental disorder is without merit.

3. Accordingly, the defendant's mental and physical disorder is not justified, but the judgment of the court below is justified as there is a ground for reversal ex officio as seen earlier.