All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Seized Ghana

The Bank of Korea shall be entitled to receive the deposit.

1. The summary of the grounds for appeal No. 1 as to the judgment of the court Decree No. 1 (2 million won), which was sentenced to the first instance court’s first instance court’s decision (the first instance court’s decision) is too uneasible and unjust: The Defendant was committing a crime due to a shocking behavior under the conditions of mental and physical loss or mental weakness at the time of each crime of the second judgment.

Sentencing: The punishment sentenced by the second sentence (10 months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for both ex officio appeal

As the first instance judgment and the second instance judgment that the Defendant appealed by a public prosecutor joined in the trial of the party, each of the crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the concurrent crimes under Article 38 of the Criminal Act should be adjudicated simultaneously in accordance with Article 38 of the Criminal Act.

Accordingly, the judgment of the court below which sentenced a separate punishment for each of the above crimes can no longer be maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's mental and physical disorder in the judgment of the court of second instance is still subject to the judgment of the court of this Court, which will be examined below.

3. Examining the various circumstances revealed in the records, such as the background of each crime, method of crime, the process of the crime, the defendant's act before and after the crime, and the circumstances after the crime, which are acknowledged by evidence of judgment on the defendant's mental and physical disorder, the defendant was physically and mentally deprived or physically weak at the time of each of the crimes in this case.

It is difficult to see it.

The defendant's mental disorder is without merit.

4. As such, the defendant's mental and physical argument is without merit, but the judgment of the court below is without merit. Thus, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows, without further proceeding to decide on the unfair sentencing of the defendant and the prosecutor.

[Re-]