All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for up to seven months.

1. The summary of the grounds for appeal 1) The defendant with mental disorder was under the influence of alcohol at the time of committing each of the instant crimes, and was in the mental and physical weakness.

2) The punishment of the lower court No. 1 (6 months of imprisonment) and the punishment of the lower court No. 2 (2 months of imprisonment) are too unreasonable.

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

The court held that each appeal case against the judgment of the court below was consolidated and tried, and that among the judgment of the court below, each of the offenses against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act

Therefore, all of the judgment of the court below can not escape from reversal.

However, although there are reasons for reversal of authority above, the defendant's argument of mental disorder is still subject to the judgment of this court, and this is examined.

3. According to the record on the assertion of mental and physical disorder, even though the Defendant was under the influence of alcohol at the time of each of the instant crimes, in light of the circumstance leading to the crime, the method and method of the crime, and the circumstances after the crime, etc., the Defendant was in a state where the Defendant had the ability to discern things or make decisions at

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

4. The conclusion of the judgment below is that there is a ground for reversal ex officio as above. Thus, all of the judgment below on the defendant's argument of sentencing is omitted, and all of the judgment below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows through pleading.

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

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (the point of fraud) and each provision of imprisonment with prison labor for the selection of criminal facts;