The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Mental and physical weakness (as to the judgment of the first instance court), the Defendant committed each crime under the conditions that the intellectual ability is the level of elementary school students and lacks the ability to discern things or make decisions.

B. Illegal sentencing (as to the judgment of the court below Nos. 1 and 2)

2. Determination

A. We examine ex officio the grounds for appeal prior to the judgment of ex officio.

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

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, the above reasons for reversal of authority is still subject to the judgment of the court of this Court, and the defendant's argument of mental and physical weakness about the judgment of the court of first instance is examined below.

B. In full view of the details and methods of each crime committed by evidence duly adopted and examined by the lower court, the contents of the crime, and the conduct before and after the crime, it is not deemed that the Defendant did not have reached the crime under the state that the Defendant had the ability to discern things or make decisions at the time of the crime.

The defendant's assertion that the defendant was in a mental and physical state at the time of each crime of the original judgment shall not be accepted.

3. Each judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the judgment below is reversed in entirety and it is again decided as follows through pleading.

[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court are identical to the corresponding column of each judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1..