All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of one million won.

Defendant.

1. Summary of grounds for appeal;

A. At the time of each of the lower judgment, the Defendant was in a state of mental disability due to mental illness such as depression.

B. The punishment of the lower court on the grounds that the sentence of an unreasonable sentencing (Article 1: 1 year of imprisonment and confiscation; 2. lower court’s imprisonment with prison labor for eight months and fine of one million won) is too unreasonable.

2. Each court of original judgment ex officio rendered a sentence of imprisonment with prison labor, imprisonment with prison labor and fine with respect to the second instance judgment after completing a separate hearing against the defendant.

The Defendant filed an appeal against each judgment of the lower court, and this Court decided to jointly deliberate on two appeals.

However, each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

However, there are reasons for ex officio reversal in the judgment below as above.

Even if the above argument of the defendant's mental disability is still subject to the judgment of this court, it is examined.

3. According to the records of the judgment on the claim of mental disability, the defendant is deemed to have been diagnosed with depression, but it does not seem that the defendant lacks the ability to discern things or make decisions in light of the defendant's behavior before and after the crime of each court below and the circumstances after the crime.

The defendant's argument of mental disability is without merit.

4. Accordingly, 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 ground that there is an ex officio reversal ground, and it is again decided as follows.

【Reason for the Judgment of the Supreme Court】 Summary of facts constituting a crime and evidence