1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3. The defendant shall be 120 hours.

1. Summary of grounds for appeal;

A. Mental and physical disorder (as to the judgment of the court of first instance), the Defendant was under the influence of alcohol at the time of committing the crime as stated in the judgment of the court of first instance and was in the state of

B. The punishment sentenced by the court below (No. 1 and No. 2) No. 1 and the sentence sentenced by the court below to the defendant (No. 2 years and 6 months of imprisonment, and No. 2 of the court below: 8 months of imprisonment) are too unreasonable.

2. Determination

A. Articles 1 and 2 of the Criminal Act were sentenced to the judgment of the court below, and the defendant filed an appeal against each of the above judgment of the court below. This court decided to hold concurrent hearings of each of the above appeal cases. Since each of the above judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below against the defendant cannot be maintained.

B. Despite the above reasons for ex officio reversal as to the Defendant’s assertion of mental disorder, the Defendant’s assertion of mental disorder in the first instance judgment is still subject to the judgment of this court, and thus, we examine

According to the records, although the defendant was deemed to have a drinking condition at the time of committing the crime in the first instance judgment, in view of the background of the crime, the means and method of the crime, and the circumstances after the crime, etc., which can be known by the evidence duly adopted and investigated by the court below, the defendant did not have the ability to discern things or make a decision under the influence of alcohol at the time of

Therefore, this part of the defendant's assertion cannot be accepted, since it does not seem to have existed in or weak state.

3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act.

[Grounds for appeal] Criminal facts and the judgment of the court below