The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to one million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to mental and physical disorder, which judged otherwise in light of the fact that the defendant committed each of the crimes in this case under the influence that he had no or weak ability to discern things or make decisions due to a mental and physical disorder under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended sentence, one million won of fine, and eight hours of social service) is too unreasonable.

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

Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and

(see, e.g., Supreme Court Decisions 2010Do15253, Jan. 13, 201; 2012Do9295, Sept. 27, 2012). According to the records, the Defendant was sentenced to a suspended sentence of imprisonment for eight months with prison labor for an injury, etc. at the Suwon District Court on July 9, 2014; and the said judgment becomes final and conclusive on July 17, 2014; and each of the of the of the of the of the of the of the instant crimes under Article 37 of the Criminal Act is related to concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence committed by the defendant, which are acknowledged by this court, is "the first head of the facts charged in the original judgment," and the defendant is "two years of suspended execution for eight months of imprisonment with prison labor for injury, etc. at Suwon District Court on July 9, 2014.