The judgment of the court below of first instance except the portion of compensation order and the judgment of the court below of second instance shall be reversed.

Defendant .

1. Summary of grounds for appeal;

A. The Defendant of mental and physical disorder was in the first instance judgment [2015 high group 310] Inasmuch as he was in the form of taking mental and physical drugs due to shock disorder, etc. at the time of committing the crime, there was a mental and physical loss or mental weakness.

B. The punishment of the judgment below that was unfair in sentencing (the first judgment of the court below: 2 years of imprisonment, and 6 months of imprisonment) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The Defendant filed an appeal against the judgment of the lower court in the first and second instances, respectively, and this court decided to hold a joint hearing of each of the above appeals cases.

In this regard, each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Code, and a sentence should be imposed in accordance with Article 38 (1) of the Criminal Code.

In addition, for the first instance trial, the prosecutor applied for the amendment of the indictment to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" in Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" as the name of the crime against some of the facts charged in the first instance trial decision, and the subject of the trial was changed by this court's permission.

Therefore, the judgment of the court below (excluding the part of the judgment of the court of first instance) can no longer be maintained.

3. Determination as to the defendant's argument of mental and physical weakness: Provided, That the defendant's argument of mental and physical disorder is still meaningful even if the defendant is reversed ex officio as above.

According to the records of this case, the defendant is deemed to have taken the mental and drugs at the time of committing the crime of this case, but considering such circumstances, considering the circumstances such as the background of the crime, the means and method of the crime, the defendant's attitude and behavior before and after the crime, and the circumstances after the crime.