All parts of the judgment of the court below against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. At the time of committing the crime of carrying a deadly weapon with mental or physical disability and obstruction of business, the Defendant was in a state of mental or physical disability with excessive drinking.

B. Each judgment of the court below on the defendant's unfair sentencing (the first judgment of the court below: imprisonment with prison labor for four years and the second judgment of the court below: imprisonment with prison labor for eight months) is too unreasonable.

2. Determination

A. According to the records of this case as to the claim of mental disability, it cannot be deemed that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of each of the crimes in this case. Thus, the defendant's claim of mental disability is rejected, in light of various circumstances, such as the circumstance of each of the above crimes committed by the evidence duly admitted and investigated by the court below, the circumstance and means of the occurrence of each of the crimes in this case, the defendant's behavior after the crime, the time and process of each of the above crimes committed by the defendant, in particular, and the fact that the defendant is sufficiently memoryed and made a statement at an investigative agency.

B. B. Prior to the judgment on the argument of unfair sentencing by the defendant on the judgment of ex officio, the two crimes among the judgment of the court below of this case against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and as long as the court of this case concurrently deliberated and tried, the defendant should be sentenced to one punishment for each of the above crimes under Article 38 of the Criminal Act. In this regard, the part of the judgment of the court below against the defendant cannot be maintained

3. Under Article 364(2) and (6) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, the part of the lower judgment on the Defendant’s ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act shall be reversed, and

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.