All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. As to the facts charged in the instant case of mental and physical disorder, the Defendant was under the influence of alcohol at the time of committing the crime, and was in the state of mental and physical disorder.

B. The sentence sentenced by the judgment of the court below on unreasonable sentencing (the first judgment of the court below: imprisonment with prison labor for six months and the second judgment of the court below: fine of three million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of first instance, and the case of this court 2013No1768, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the offenses against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be imposed within the term of punishment subject to aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first instance cannot be exempted from reversal.

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

3. According to the evidence duly admitted and examined by the lower court on the Defendant’s mental and physical argument, the Defendant was deemed to have drinking alcohol at the time of committing the instant crime, but was deemed to have no ability to discern things or make decisions due to drinking alcohol at the time of the instant crime in light of the background, method of the crime, circumstances after the crime, etc., such as the witness J and on-site photographs.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

4. Accordingly, the defendant's mental and physical disability is not accepted, but the judgment of the court below on the ground of ex officio reversal is without examining the defendant's argument on unfair sentencing.