The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each crime in the judgment of KRW 1 and KRW 2.

B. The punishment of the lower court (the first instance court: the imprisonment of 10 months, and the second instance court: the imprisonment of 6 months) is too unreasonable.

2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. Each of the crimes in the judgment of the court of first and second level against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 cannot be maintained as they are.

However, despite the above reasons for reversal of authority, the defendant's assertion of mental disorder is still subject to the judgment of this court, and this is examined.

3. In light of the evidence duly adopted and examined by the first and second core trials as to the assertion of mental or physical disorder, and the circumstances and attitudes of each of the crimes of this case acknowledged based on the Defendant’s first and second core trials and the appellate court testimony, etc., the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of each of the crimes.

shall not be deemed to exist.

Therefore, the defendant's mental disorder is not accepted.

4. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the statements in the corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;