All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Defendant 1) Under the influence of alcohol, the Defendant committed the instant crime in a state of mental or physical disability. 2) Each of the lower judgment’s punishments (Article 1:6 months of imprisonment, and a fine of two million won: 2 million won) on the grounds that the Defendant was under the influence of alcohol and thus, was in an unreasonable manner.

B. The first instance court’s sentence, which is unreasonable, is too unfilled.

2. We examine ex officio the judgment of the court of first instance, and the public prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the court of second instance decided to concurrently examine the two appeals cases. Since the crimes of first and second instance are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, each of the crimes of the court of first and second instance shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act, and therefore, the judgment of the court of second and second instances cannot escape from all reversal.

3. Judgment on the Defendant’s assertion of misapprehension of legal principles

A. According to the evidence duly admitted and examined by the court below, it is recognized that the defendant was in the state of drinking at the time of the crime of this case.

However, in light of the Defendant’s reputation, the Defendant’s speech and behavior at the time of committing the instant crime, the attitude during the investigation process, and the circumstances after committing the instant crime, it does not seem that the Defendant was in a state of mental disorder because the Defendant lacks the ability to discern or make decisions on the subject matter under the influence of alcohol.

B. Therefore, the defendant's above assertion is without merit.

4. 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 on the grounds of ex officio reversal, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of each judgment of the court below. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.