All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to two million won.

The defendant above.

1. Summary of grounds for appeal;

A. The Defendant, at the time of each of the instant crimes, was in a state of mental and physical disability due to the outbreak of alcohol dementia symptoms after being drunk at the time of the instant crimes.

B. The sentence of the lower court on the assertion of unfair sentencing (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: fine of 4 million won) is too unreasonable.

2. Comprehensively taking account of the evidence and the result of the examination duly admitted and investigated by the court below as to the claim of mental disability, the above argument by the defendant is without merit, since it is difficult to view that the defendant had the ability or intent to change things due to alcohol as above at the time when he committed each of the crimes in this case, even though he was found to drink at the time of the crime, the defendant does drinking without restraint despite being diagnosed of mental and behavioral disorder due to excessive alcohol consumption, and led to the crime in this case, and the defendant's act before and after the crime.

3. Before deciding on the remaining assertion of unfair sentencing by the Defendant on the grounds of ex officio determination, each of the crimes in this case’s judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and as long as this court concurrently deliberated on it, the Defendant should be sentenced to one punishment for each of the above crimes under Article 38 of the Criminal Act. In this regard, the lower judgment was no longer maintained.

4. Under Article 364(2) and (6) of the Criminal Procedure Act, without proceeding to decide on the Defendant’s assertion of unfair sentencing, the lower judgment is reversed ex officio, and the following is again decided upon through pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

A. Fraud: Article 347(1) of the Criminal Act.