All judgment of the court below shall be 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, on August 17, 2018, was in a state of mental and physical loss or mental weakness while under the influence of alcohol at the time of committing a crime on August 17, 2018 (a crime as stated in the facts charged by the second lower court).

B. The sentence sentenced by the first instance court (in 10 months of imprisonment) and the sentence sentenced by the second instance (6 months of imprisonment) are too unreasonable.

2. We examine ex officio the judgment of the court below on the grounds of appeal by the defendant.

The judgment of the court below against the defendant was rendered and the defendant filed an appeal against all of the judgment below, and this court became a joint hearing in accordance with the consolidated hearing of the land jurisdiction of the Seoul High Court.

Since each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment below cannot be maintained in its entirety.

However, the defendant's assertion of mental and physical loss or mental weakness against the judgment of the court of second instance is still subject to the judgment of the court of this court, and this is examined below.

3. According to the evidence duly admitted and examined by the second instance judgment on the assertion of mental and physical loss or mental weakness, the Defendant was found to have been under the influence of alcohol at the time of committing the crime on August 17, 2018, but in light of the circumstances leading to the crime, the Defendant’s behavior and circumstances before and after the crime, etc., the Defendant had no or weak ability to discern things due to drinking.

It does not seem that it does not appear.

The defendant's mental and physical loss or mental weakness is without merit.

4. In conclusion, there is no ground for appeal for the defendant's mental and physical loss or mental weakness against the judgment of the court below 2, but the judgment of the court below is reversed ex officio. Thus, the defendant's person against the judgment of the court below.