All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The Defendant alleged mental disorder in the judgment of the court of first instance was under the influence of alcohol, and committed the instant crime in a state of mental disorder or mental disability.

B. The lower court’s sentence on the assertion of unfair sentencing (No. 1: 6 months of imprisonment and 6 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the court of appeal Nos. 1 and 2 ex officio examined the defendant as to the grounds for appeal and sentenced the defendant to imprisonment with prison labor for the former six months in case of the former and six months in case of the latter in case of the latter in case of the latter in case of imprisonment with prison labor for the latter in case of the former in case of the former in case of the former in case of the former in case of the latter in which the court of appeal Nos. 2014 and 2014 and the latter in case of the latter in case of the above two appeals. The court of the first instance

Therefore, since the first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, the judgment of the court below against the defendant can no longer be maintained.

3. In conclusion, without examining the grounds for appeal by the defendant, 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 it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes (Article 1 of the Criminal Act)

1. The defendant's mental and physical disability assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act aggravated concurrent crimes shall be punished by the judgment of the court below.