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.

Ulsan District Prosecutors' Office in 2019.

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime, the Defendant was in a state of mental disability or mental retardation, but the lower judgment that did not recognize it is unlawful. 2) The sentence imposed by the lower court (the first instance judgment: imprisonment for a period of one year and four months, confiscation, additional collection, and collection: imprisonment for a period of two years, and additional collection) is too unreasonable.

B. Regarding the judgment of the first instance court against the prosecutor, the sentence imposed by the court below is too unfasible and unfair.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

On the grounds that the judgment of the court below against the defendant was rendered, the defendant appealed from the judgment of the court of first instance on the grounds of unfair sentencing, and the prosecutor appealed from the judgment of the court of first instance on the grounds of unfair sentencing, and this court decided to concurrently

However, since each crime recognized by the court of original judgment against the defendant is in a concurrent crime relationship 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 of the court of original judgment cannot be maintained as it is.

(4) The court below's decision on the ground that the defendant's allegation of mental retardation or loss is still subject to the judgment of this court despite the above ex officio reversal, and in full view of the circumstances leading up to the crime of this case, the means and method of the crime of this case, the defendant's behavior after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions at the time of each crime of this case. Thus, the defendant's argument of mental retardation or loss is without merit.