All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. As to the crime No. 1 and No. 2 as indicated in the judgment of the first instance court with mental and physical disorder, the Defendant was in a mental and physical weak condition under the influence of alcohol at the time.

B. The punishment sentenced by the lower court (No. 1: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.

2. Determination

A. We examine ex officio the judgment of the court below, and the defendant filed each appeal against the above judgment of the court below and decided to hold a concurrent trial. Each of the crimes of the court below Nos. 1 and 2 against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes is to be sentenced within the scope of punishment imposed under Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

However, the defendant's argument about mental and physical weakness is still subject to the trial of this court, so this is examined as follows.

B. The Defendant’s assertion of mental and physical weakness is deemed to have served alcohol at the time of committing the crime as indicated in Articles 1 and 2 of the Criminal Act as indicated in the first instance judgment, but, in light of the content of the crime and the overall circumstances before and after the crime, there was a lack of ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

3. Accordingly, the judgment of the court below is reversed ex officio 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.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;