All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Although the Defendant committed each of the instant crimes under the influence of alcohol with mental illness, early dementia symptoms, or mental and physical loss or mental weakness under the influence of alcohol, the lower court neglected this.

B. Sentencing of the lower court’s punishment (the first instance judgment: imprisonment with prison labor for 1 year, 2.5 million won: fine for 2.5 million won; fine for 3 million won: fine for 2.0 million won; and fine for 4 million won: fine for 3 million won) is too unreasonable.

2. Determination

A. Before determining on the grounds for appeal by the Defendant’s ex officio, this Court tried by combining the appellate cases against the judgment of the court below. Each of the offenses of the judgment below consolidated in the trial of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act. As such, it should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from the reversal.

However, despite the above reasons for reversal of authority, the defendant's assertion of mental disorder is still subject to the judgment of this court.

B. According to the records of this case as to the assertion of mental disorder, although the defendant was deemed to have a drinking condition at the time of each of the crimes in this case, in light of the background, mode, the defendant's behavior before and after the crime, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime, and thus, the defendant's assertion cannot be accepted.

3. As such, the Defendant’s argument about the mental and physical disorder is without merit, but the judgment of the court below is without merit, and the Defendant’s argument about the sentencing is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is again reversed and the pleading is followed.