All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

The defendant above.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had no or weak ability to discern things or make decisions, under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (the first instance judgment: imprisonment for June, two years of suspended sentence, two years of probation, two years of social service, 80 hours of service, and 2nd judgment of unfair sentencing: fine of 50,000 won) is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The judgment of the court below was pronounced to the defendant in sequential, and the defendant filed each appeal against the judgment of the court below.

This Court decided to consolidate the above two appeals cases.

However, each of the offenses committed by the lower judgment guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.

In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

However, the defendant's mental and physical disorder is still subject to the judgment of this court despite the above reasons for ex officio reversal.

3. According to the records of the instant case’s assertion of mental disorder, although the Defendant appears to have served as a drinking at the time of each of the instant crimes, it does not seem that the Defendant had had no or weak capacity to discern things at the time of the instant crime.

This part of the defendant's assertion is not accepted.

4. Since the above reasons for the reversal of authority as above exist, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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