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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
For the defendant 40 hours.
Reasons
1. Summary of grounds for appeal;
A. Each of the instant crimes with mental disability was committed under the influence of alcohol by the Defendant under the influence of alcohol in a state where the Defendant lacks the ability to discern things or make decisions.
B. Each sentence of the judgment of the court below on the defendant on unreasonable sentencing (the imprisonment of the court below 2 years, the imprisonment of the court below 2 years and the imprisonment of the court below 1 and 6 months, etc.) is too unreasonable.
2. Before examining the grounds for appeal by the Defendant’s ex officio, the first and second court sentenced the Defendant to two years of imprisonment with prison labor for the former, 40 hours of order to complete the two years of imprisonment with prison labor for the latter, and 3 years of information disclosure and notification, and the Defendant filed an appeal for the above two cases. The first and second trials of the court below decided to jointly examine the above two cases. Since each of the first and second trials against the Defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, the court below’s decision should be reversed in that it has a single sentence of punishment within the scope of a single sentence of punishment within the scope of concurrent crimes under Article 38(1) of the Criminal Act.
However, it is still necessary to judge the defendant's argument of mental disability among the grounds for appeal.
3. According to the evidence duly admitted by the court below as to the defendant's claim of mental disability, there is no evidence to deem that the defendant has drinking alcohol prior to each crime of the court below. Meanwhile, in light of all the circumstances such as the circumstances leading to each of the above crimes, method of the crime, the defendant's behavior prior to and after the crime, etc., although the defendant is deemed to have drinking alcohol prior to each crime of the court below, the defendant has the ability or intent to discern things at the time of the above crimes.