All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. A. Mental and physical disorder (the second core judgment) was in the state of mental and physical loss or mental weakness while under influence of alcohol at the time of committing a resolution of the first instance judgment.

B. The punishment (the first instance judgment: imprisonment with prison labor for 10 months and the second instance court: imprisonment with prison labor for 6 months) that the lower court sentenced to the punishment (the first instance court in the first instance court in the second instance) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed an appeal against it, and this court decided to hold a joint hearing of 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 a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below cannot be maintained.

On the other hand, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and the above ground for reversal is changed.

3. According to the records of the judgment on the assertion of mental and physical disorder (the second instance judgment), the Defendant committed the instant crime in a state that the Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime.

Therefore, the above argument is not acceptable.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument on the sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260 of the Criminal Act applicable to the crime, Article 260 of the Criminal Act (the point of violence) and Article 260 of the Criminal Act.