All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. Summary of grounds for appeal;

A. The lower court’s sentence No. 1 (6 million won in penalty) of the Prosecutor is too unhued and unreasonable.

B. Defendant 1) Physical and mental weakness: The Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing a crime interfering with one’s own business on March 29, 2016 (the crime indicated in the lower judgment of the lower court).

2) Improper sentencing: The sentence of the second instance court (seven months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The defendant filed an appeal against the judgment of the second instance against the judgment of the court below, and the prosecutor tried two appeals by this court concurrently.

However, the judgment of the court below against the defendant should be sentenced to one punishment pursuant to Article 38 (1) 2 of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

Although there are grounds for reversal of authority above, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and this is examined.

3. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the Defendant’s argument on mental and physical weakness, the Defendant could recognize the fact of drinking at the time of committing a crime interfering with one’s business on March 29, 2016. However, in light of the background leading up to the Defendant’s crime, the Defendant’s act before and after the commission of the crime, and the Defendant’s statement attitude as to the situation at the time of the crime, etc., it is deemed that the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of

4. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, without examining the aforementioned ex officio reversal grounds.