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. Public prosecutor (as to the first and second judgment of the court below), unreasonable sentencing (as to the first and second judgment, fine of 6 million won, fine of 2 million won, and fine of 4 million won)

B. Defendant (as to the judgment of the court below of first and third countries), mental or physical disability, and unreasonable sentencing (as to the judgment of the court of first instance: fine of 6 million won, and imprisonment of 6 months)

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the court below rendered a separate judgment on the crime of each judgment of the court below against the defendant, but the court below held concurrent trials and held hearings. Each of the above crimes is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. Thus, each of the judgment below is no longer maintained in this respect.

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

B. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the Defendant’s claim of mental disability, it is recognized that the Defendant was in a state of drinking at the time of each of the crimes committed by the first and third lower judgment, but on the other hand, considering various circumstances such as the background, means, and the Defendant’s act before and after the crime committed, it cannot be deemed that the Defendant was in a state of lacking ability to distinguish things or make decisions under the influence of alcohol at the time of the crime. Thus, the above argument by the Defendant

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is so decided as follows.

[Reasons for the Judgment] The summary of facts constituting an offense and evidence recognized by the court is described in the corresponding column of the judgment below.