All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. Defendant 1: (i) The Defendant, at the time of each of the crimes set forth in the judgment below, lacks the ability to discern things or make decisions.

Shebly, each sentence sentenced by the court below to the defendant (the first instance court: imprisonment with prison labor for one year, the second instance court: imprisonment with prison labor for ten months and the third instance court: 10 months) is too unreasonable.

B. The above sentence imposed on the Defendant by the third instance court (with regard to the third lower judgment) is too unfasible and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the ex officio judgment and the prosecutor, this Court tried to combine each appeal case against the judgment of the court below, and each of the offenses in the judgment of the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and should be punished with a single sentence within the scope of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

However, even if there are such reasons for ex officio destruction, the defendant's assertion of mental disability still is subject to the judgment of this court, and this is examined below.

B. Even according to the records of this case as to the claim of mental disability, there is no evidence to prove that the defendant at the time of the crime of this case had lost the ability to discern things or make decisions due to mental disorder, etc., so the above assertion by the defendant is without merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through pleading.

【Judgment of multiple times】 Criminal facts and summary of evidence recognized by the court are the same as that of the judgment below, and thus, Article 369 of the Criminal Procedure Act is applicable.