All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and was in a state of mental disability or mental disability.

B. Each sentence of the original court (the first instance judgment: imprisonment with prison labor for 1 year and 2 months: imprisonment with prison labor for 3 months) on the accused of unfair sentencing is too unreasonable.

2. Determination

A. The judgment of the court of first instance and the judgment of the court of second instance against the defendant for ex officio determination were rendered, and the defendant filed an appeal against them, and the court of second instance decided to hold concurrent hearings of the above two appeals cases. Each of the offenses against the defendant in the judgment of the court of first and second instance are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and

Although there is a ground for ex officio reversal, the above argument of the defendant is still subject to the judgment of this court, and this is to be examined.

B. In light of various circumstances, such as the background leading to a crime recognized by the evidence duly admitted and investigated by the lower court, the means and method of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the instant crime.

Since it does not seem that the defendant was in a state or weak condition, the above argument of mental disability of the defendant is without merit.

3. If so, the judgment of the court below in the first and second cases is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed in its entirety, and it is so decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence recognized by this court is identical to the facts stated in the judgment below, except for the alteration of “1.1. A written estimate” to “1.1. A written estimate”, and thus, the same is applicable to each of the relevant columns of the judgment below.