All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes in a state of mental disorder or mental disorder due to depression, gambling addiction, etc. (as to the judgment of the court of first instance).

B. In light of the following: (a) the first instance court that sentenced one year to imprisonment and the second instance court that sentenced ten months to imprisonment is too unreasonable in light of the following: (b) the Defendant was absent from his business failure and her living together with his or her female and was absent from his or her speculative game work; (c) the amount of damage was relatively low; (d) the victim H was agreed with the victim; and (e) treating gambling addiction and living a new life in the future; and (e) the Defendant’s imprisonment with prison labor and the second instance judgment that sentenced ten months to imprisonment with prison labor

2. Determination

A. Before determining the Defendant’s assertion of ex officio, the judgment of the court below that the Defendant appealed together with the court of the first instance, each of the offenses against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and the judgment of the court of the court below should be rendered concurrently in accordance with Article 38 of the Criminal Act. In this regard, the judgment of the court below can no longer be maintained.

However, despite the above reasons for ex officio reversal, the defendant's argument about the first instance judgment is still subject to the judgment of this court, and this will be examined.

B. In light of various circumstances, such as the background, means, and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., based on the evidence duly admitted and examined by the lower court, it cannot be deemed that the Defendant did not have the ability to discern things or make decisions due to depression, gambling habits, etc. at the time of the instant crime, and thus, the Defendant’s mental and physical disability assertion is without merit.

3. If so, the judgment of the court below is based on the above reasons for reversal.