The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was physically and mentally deprived or physically weak due to excessive drinking.

B. The punishment of each sentence sentenced by the first and second instances of sentencing (the first and second instances of the lower judgment: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is, since the first and second judgment cannot be maintained.

However, despite the above reasons for reversal, the defendant's mental and physical weak argument is subject to the judgment of this court, and this is examined.

B. In light of the background, process, means and method of each of the instant crimes, the Defendant’s behavior before and after each of the instant crimes, etc. revealed by the evidence duly adopted and examined by the lower court, it is recognized that the Defendant had drinking alcohol at the time of each of the instant crimes, but had lost or weak ability to discern things or make decisions.

As such, the defendant's above assertion cannot be accepted.

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

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.