The judgment of the court below is reversed.

The defendant shall be sentenced to five months of imprisonment with prison labor for each crime of 2020 Gohap65.

1. Summary of grounds for appeal;

A. Defendant 1) Mental and physical disorder: The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in the state of mental disability or mental and physical disability. 2) Unreasonable sentencing: The sentence of the original judgment is too unreasonable.

B. Prosecutor 1) misunderstanding of legal principles: Pursuant to Article 18(3) of the Public Official Election Act, the lower court’s 2020 Gohap65 and the lower court’s 2020 Gohap91 should be tried and sentenced to a sentence. Nevertheless, the lower court’s judgment that rendered a single sentence is erroneous in violation of Article 18(3) of the Public Official Election Act. 2) In so doing, the lower court’

2. Determination

A. As to the prosecutor’s assertion of misapprehension of the legal principles, the former part of Article 18(3) of the Public Official Election Act, Article 18(1)3 of the same Act, and Article 38 of the Criminal Act provide that a separate sentence shall be imposed on concurrent crimes of election crimes and other crimes.

In addition, with respect to other crimes in the relationship between an election criminal and the ordinary concurrent relationship, punishment specified for the most severe crime shall be imposed in accordance with Article 40 of the Criminal Act, and without asking whether the most severe crime is an election criminal, all the crimes in the relationship between the election criminal and the ordinary concurrent relationship shall be treated as an election criminal in total.

(See Supreme Court Decision 9Do636 delivered on April 23, 199). Each of the crimes of 2020Dahap65 in the decision of the court below (the crime of violating each Public Official Election Act and each special assault) constitutes an offense under Article 237(1)1 of the Public Official Election Act, which is defined in Article 16(Penal Provisions) of the Public Official Election Act, and constitutes an offense under Article 18(2) of the Public Official Election Act.

In addition, the crime of special assault against victims G is a crime of violation of the Public Official Election Act due to the assault of election workers G and special assault against victims I in relation to the crime of violation of the Public Official Election Act due to the assault of voters and the crime of special assault against victims I respectively.

On the other hand, the 2020 Gohap91 case in the judgment below should be treated as an election criminal.