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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and seven months.
In each of sub-paragraphs 1, 2, and 3, seized evidence.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s mental and physical disorder at the time of each of the instant crimes was illegal to recognize the Defendant’s mental and physical disorder despite the lack of ability to discern things or make decisions due to the symptoms accompanied by mental disorder.
B. Each sentence sentenced by the lower court (the first instance judgment: imprisonment with prison labor for 2 years, confiscation, and second instance: imprisonment for 2 months) is too unreasonable.
2. Determination
A. Before making ex officio judgment on the grounds for appeal by the defendant, this Court tried to combine the judgment of the court below Nos. 1 and 2 with the judgment of the court below. Each of the crimes in the judgment of the court below Nos. 1 and 2 is found guilty as follows. Each of the above crimes is a concurrent crime under the former part of Article 37 of the Criminal Act, and each of the crimes must be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained.
B. In addition, Article 3(1)1 of the Punishment of Violences, etc. Act and Article 36 of the Criminal Act provide that “Special Intimidation” shall be deemed to be “special intimidation,” and “violation of the Punishment of Violences, etc. Act (damage to property, etc., such as group or deadly weapons)” shall be deemed to be “damage to special property,” and “Article 3(1), 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act” shall be deemed to be “Articles 284 and 283(1) of the Criminal Act,” “Article 3(1), 2(1), and 36(1)1 of the Punishment of Violences, etc. Act and Article 36 of the Criminal Act shall be deemed to have been amended from among those crimes committed in violation of the Criminal Act to 369 of the Punishment of Violences, etc. Act and Article 36 of the Criminal Act shall be deemed to have been amended to 6th of the same Act.”