All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

Of the facts charged in the instant case.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing each of the instant crimes, was in a physical and mental weak state by drinking alcohol.

B. The punishment sentenced by each court below is too unreasonable.

2. Determination

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

Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be determined within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

In this respect, all the judgment of the court below can no longer be maintained.

B. According to the record of the instant case’s assertion of mental disorder, the Defendant appears to have a drinking condition at the time of committing each of the instant crimes; however, in light of the background leading up to the commission of the crime, the means and method of the crime, and the circumstances before and after the commission of each of the instant crimes, the Defendant had the ability to discern things or make decisions.

shall not be deemed to exist.

The defendant's argument about mental disorder shall not be accepted.

3. According to the conclusion, the two judgment below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows, except for the deletion of the part of 2016 Highest 5335 out of the facts constituting the crime of the second judgment, and therefore, it is identical to each corresponding column of the two original judgments. Therefore, it is acceptable to accept them as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 311 of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260 of the Criminal Act, each of the types of imprisonment with labor.