The first and second original judgments shall be reversed, respectively.

A defendant shall be punished by imprisonment for two years.

The information on the accused shall be disclosed for three years.

1. Summary of grounds for appeal;

A. As to the first judgment of the court below, the Defendant and the respondent for attachment order (hereinafter “Defendant”) committed this part of the crime under the state of mental and physical disability under the influence of alcohol.

Nevertheless, the first instance judgment which did not deem that the Defendant was in a state of mental and physical disability at the time of committing this part of the crime was erroneous or erroneous by misapprehending the legal principles concerning mental and physical disability.

B. Each sentence of the lower court (one year, six months, etc. of imprisonment with labor for the first instance court, one year of imprisonment with labor for the second instance court, etc.) is too unreasonable.

2. Of the first judgment, the first and second judgments on the defendant's case and the second judgment on the judgment of the court of first instance were sentenced, and the defendant appealed against each of the judgment of the court below, and this court decided to concurrently examine each of the above appeals cases.

Each crime of the first and second original judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, and one sentence shall be sentenced within the scope of the term of punishment imposed on concurrent crimes pursuant to Article 38(1) of the Criminal Act.

Of the judgment of the first instance, the defendant case and the judgment of the second instance cannot be maintained as they are on the ground of ex officio reversal.

However, despite the above reasons for ex officio reversal, the defendant's claim of mental disability as to the first instance judgment is still subject to the judgment of this court.

3. According to the records of judgment on the claim of mental retardation, the fact that the defendant was under the influence of alcohol at the time of the crime is recognized.

However, in full view of the following circumstances: (a) the Defendant, at the time of the crime and before and after this part of this part of the crime, was able to discern things or make decisions beyond the mere under the influence of alcohol; and (b) the Defendant’s attitude and behavior before and after this part of the crime appears to have been lacking in the ability to discern things or make decisions.