All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The punishment sentenced to the defendant in the judgment of the court below of the second instance (six months of imprisonment) is too unreasonable.

B. The sentence imposed on the Defendant in the judgment of the court of first instance by the prosecutor (eight months of imprisonment) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments were rendered to the defendant, and the defendant was sentenced to the second judgment, and the prosecutor filed an appeal against the judgment of the court of first instance, and this court decided to hold concurrent trials with respect to the above two appeals. The first and second judgment against the defendant is a concurrent offense under Article 38(1) of the Criminal Act in relation to each of the crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is a ground for ex officio reversal as seen earlier. Thus, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing as to the judgment of the court of second instance and the prosecutor’s assertion of unfair sentencing as to the judgment of the court of first instance. The judgment

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. From among concurrent crimes, there are extenuating circumstances such as the fact that the Defendant confessions and reflects the criminal facts for the reason of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the fact that the Defendant has no criminal record, and that the health situation is not good.

On the other hand, each of the crimes in this case is frightened by the defendant for three times, while being drunk.