All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was drunk and was in a state of mental disability.

B. Each sentence of the lower judgment on unreasonable sentencing (the first instance judgment: imprisonment with prison labor for one year, and imprisonment with prison labor for two months) is too unreasonable.

2. The crimes of the first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court below's concurrent deliberation of each case and then selected the same type of punishment for each crime, it is necessary to render a single sentence for each of the above crimes in accordance with Article 38 (1) of the Criminal Act. In this regard, the first and second judgment of the court below cannot escape from reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's argument, and it is so decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act and the choice of punishment for each crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. According to the evidence duly admitted and examined by the court below as to the Defendant’s claim of mental disability as to the conviction of concurrent crimes under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, the Defendant is deemed to have a drinking fact at the time of each of the instant crimes, in light of the background leading up to each of the instant crimes, the means and methods of the relevant crimes, and the circumstances after the commission of the crime.