The judgment below

The guilty part shall be reversed.

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

1. Summary of reasons for appeal - The guilty part

A. Each of the instant crimes committed by the Defendant with mental or physical disorder is under the influence of alcohol, thereby having committed the crime in a state of mental or physical loss or mental weakness.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the trial of the court below, the prosecutor applied "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special injury", which is a crime against the facts charged as to the guilty portion of the judgment below, and "Articles 3 (1), 2 (1) 3, and 257 (1) of the Punishment of Violences, etc. Act" as "Articles 258-2 (1) and 257 (1) of the Criminal Act" as "Article 258-2 (1) and 257 (1) of the Criminal Act", and "1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special injury" among the facts charged, and since this court permitted this, the conviction portion of the judgment below was no longer maintained.

B. The defendant's argument that the defendant's mental and physical disorder is still subject to the judgment of this court even though there is a ground for reversal under the judgment as to the defendant's mental and physical disorder. As such, the defendant dices alcohol at the time

Even in light of the background and method of the instant crime, the circumstances before and after the instant crime, etc., the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the guilty part of the judgment of the court below is reversed, and the guilty part of the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Judgment to be used again]