All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The Defendant, with mental and physical disorder, was in a state of mental and physical weakness by drinking alcohol at the time of committing each crime in the case of 2015 Mano 3509 and the judgment of 2016 Mano 175.

B. The sentencing unfair judgment of the court below (the first instance court: the imprisonment of 8 months and the second instance court: the imprisonment of 2 months) that the defendant sentenced is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, this Court tried by combining each appeal case against the judgment below, and each of the offenses against the Defendant at the time of the judgment below against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

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

B. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the allegation of mental disorder, the Defendant was deemed to have served alcohol at the time of committing each crime in the case of “2015 Highest 3509 Highest 175 Highest 2016 Highest 2016 Highest 175” as indicated in the judgment of the lower court, but in light of the following circumstances: (a) the Defendant committed each crime; and (b) the details of the statement in the police investigation following each crime; and (c) the Defendant was in a state that the Defendant had the ability to discern things or make decisions due

It does not appear.

Even if the Defendant had a mental and physical state under the influence of alcohol at the time of the crime

However, according to the records of this case, the defendant had a record of punishment several times by taking a breathous bath, destroying property, etc., and each of the above crimes committed by the defendant himself is drunk.