All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

from the defendant 1,900.

1. Summary of grounds for appeal;

A. At the time of committing the second lower judgment, the Defendant was in a state of having weak ability to discern things or make decisions.

B. The punishment (the first judgment: imprisonment with prison labor for three years and additional collection of 1.5 million won, and the second judgment: imprisonment with prison labor for one year and six months and additional collection of 400,000 won) of each court below on the defendant is too unreasonable.

2. Ex officio determination

A. In the judgment of the first instance court and the second instance court's judgment against the defendant were consolidated. Each of the above consolidated cases against the defendant should be sentenced to one punishment according to Article 38 (1) 2 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Code.

Therefore, each judgment of the court below can no longer be maintained.

B. According to the evidence duly adopted and examined by each court below and the written mental appraisal of the defendant of the Medical Treatment and Custody Director by the mental entrustment of this court, even though the defendant was found to have a weak state of ability to discern things or make decisions due to mental and behavioral disorder caused by the rehabilitation of kins, including carpets, at the time of each of the crimes in this case, each court below committed an error of not recognizing it, and thus, each of the judgment below cannot be exempted from reversal.

3. As such, each judgment of the court below is based on the above reasons for the reversal of the defendant's ex officio, without examining the defendant's assertion of unfair sentencing, and it is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided after the oral argument as follows. However, since the prosecutor requested medical treatment and custody at the trial,

Criminal facts

The facts constituting a crime and a cause for medical treatment and custody recognized by this court shall be changed to the corresponding column of the judgment of the first instance as follows, and the defendant shall be referred to as the "defendants" of each judgment of the first instance as follows.