The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for three months and the second crime as indicated in the judgment of the court below for each crime of the first instance.

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes with mental and physical disorder, they were in a state of mental disorder by drinking.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. On November 10, 2013, the crime of subparagraph 1 of the decision of the court below was committed by the defendant on or around November 10, 2013, and the crime of subparagraph 2 of the decision of the court below was committed by the defendant on May 27, 2014, and the defendant was sentenced to a suspended sentence of imprisonment for eight months at the Seoul Central District Court on November 8, 2013, and the judgment became final and conclusive on January 13, 2014. Thus, the crime of subparagraph 1 of the decision of the court below and subparagraph 2 of the decision of the court below cannot be deemed to be concurrent crimes under the former part of Article 37 of the Criminal Act.

Nevertheless, the lower court rendered concurrent crimes and imposed a single punishment with regard to each of the above crimes, so the lower judgment was no longer maintained in this respect.

B. Although the defendant's mental and physical disorder was found to have a ground for ex officio reversal of judgment as to the defendant's mental and physical disorder, the defendant's mental and physical disorder still is still subject to the judgment of this court. According to the evidence duly admitted and examined by the court below, it is acknowledged that the defendant had drinking alcohol at the time of each crime in the judgment of the court below, but in light of all circumstances such as the circumstance and method of the crime, and the defendant's specific behavior before and after the crime, etc., the defendant did not have the ability

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, we cannot accept the defendant's argument.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

b) the evidence;