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 was in a state of mental disorder by drinking at the time of committing the crime of the first instance judgment.

B. The punishment sentenced by each court below on the grounds of unfair sentencing (Article 1: 1 year of imprisonment and 6 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first, and second court rendered ex officio a judgment of conviction against the Defendant after having undergone a separate hearing, and the Defendant appealed against the first and second court judgment and decided to hold a joint hearing of the above two appeals cases. Each of the first and second court judgment against the Defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the term of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

However, despite the above reasons for ex officio reversal, the defendant's mental and physical disorder is still included in the scope of the trial at the trial at the party.

3. In light of the background leading up to each of the instant crimes, the means and methods of committing a crime, and the circumstances after committing a crime, etc., it does not seem that the Defendant did not have any or weak ability to discern things or make decisions at the time of committing a crime. Therefore, the above assertion by the Defendant is without merit.

4. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and further decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.