All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime. 2) The respective sentence of the lower court (Article 1: 4 months of imprisonment and 2: imprisonment with prison labor for not less than 6 months) is too unreasonable.

B. The above sentence of the first instance judgment of the Prosecutor is too unhued and unreasonable.

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

The first and second original judgments were sentenced to both the defendant and the defendant respectively filed an appeal, and the prosecutor filed an appeal against the first one, and the court decided to concurrently examine the above two appeals cases.

The crime of each judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above judgment of the court below cannot be maintained as it is, since it is the concurrent crimes under Article 38 (1

However, the defendant's argument of mental disability is still subject to the judgment of this court, and the following is examined.

3. In light of the circumstances acknowledged by the evidence examined by the court below as to the claim of mental retardation, the circumstance leading up to the crime, the means and method thereof, the defendant's attitude and behavior before and after the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant was aware that he had drinking alcohol at the time of the crime, but the defendant did not have the ability to discern things or make a decision.

This part of the defendant's assertion is not accepted.

4. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, on the grounds of ex officio reversal as above. The judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.