All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in the state of mental disorder or mental disability at the time of committing the instant crime. 2) The sentence of an unreasonable sentencing (the first instance judgment: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.

B. The first sentence of the lower court, which is too uneasible, is deemed unfair.

2. Determination

A. The judgment of the first and second court was rendered on the defendant for an ex officio judgment, and the defendant and the prosecutor filed each appeal. The court decided to hold the above two cases together for a trial.

Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.

However, despite the above reasons for ex officio reversal, the defendant's mental and physical disorder is still subject to the judgment of this court, and this is examined below.

B. In light of the background, method, and method of the instant crime committed by the evidence duly adopted and examined by the lower court, and the conduct before and after the instant crime, it does not appear that the Defendant had lost or weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's mental disorder is not accepted.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

【Grounds for the Judgment of the Supreme Court】 The criminal facts and the summary of evidence recognized by the court are identical to the relevant column of each judgment of the court below. Thus, it shall be in accordance with Article 369 of the Criminal Procedure Act.