All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant special intimidation, was in a state of lacking the ability to discern things or make decisions.

B. Each sentence sentenced by the lower court of unreasonable sentencing (the first instance judgment: imprisonment with prison labor for 5 months and 2 months: imprisonment with prison labor for 3 months) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.

However, despite the above reasons for ex officio destruction, the defendant's claim of mental disability as to the judgment of the court of first instance is still subject to the judgment of this court, and this is examined below.

3. In light of the background, means, and method of the instant crime and the Defendant’s behavior before and after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the first instance court, it is difficult to view that the Defendant, at the time of the instant crime, has lost the ability to discern things or make decisions, and the above argument by the Defendant is without merit.

4. According to the conclusion, 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, on the grounds of ex officio reversal as seen above, and the judgment below is again ruled as follows.

[D.] The Criminal Procedure Act is applicable to the facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence.