All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The first instance court’s sentence (a fine of five million won) declared by the prosecutor is too unfilled and unfair.

B. Defendant 1) The Defendant was under the influence of alcohol at the time of each crime set forth in the judgment of the court below, and thus, was in the state of mental or physical disability or mental disability. 2) The punishment sentenced by the court below of unfair sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the ex officio appellant, the prosecutor examined the judgment of the court of first instance on the grounds for appeal by the appellant, and as the defendant filed each appeal against the judgment of the court of second instance, the defendant reviewed each appeal case in the trial concurrently. As long as each crime of the judgment of the court of second instance is in a concurrent relationship with the former part of Article 37 of the Criminal Act, the judgment of the court of first instance should be rendered at the same time and a sentence should be imposed. Thus, the judgment of the court of first instance cannot be maintained in

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

B. In light of all the circumstances such as the background and method of the crime committed by the evidence duly adopted and examined by the court below, the contents of the crime, and the defendant's behavior before and after the crime, it is recognized that the defendant was under the influence of alcohol at each time of the crime as stated in the judgment of the court below, but there was no ability to discern things or make a decision.

Therefore, this part of the defendant's assertion is without merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the appellant’s assertion of unfair sentencing, and it is again decided as follows.