The guilty part of the judgment of the court of first instance and the judgment of the court of second instance are reversed, respectively.

The defendant shall be punished by imprisonment for not more than ten months and a fine.

1. Summary of grounds for appeal;

A. The Defendant committed each of the crimes of KRW 2 in the judgment of the court below (each of the crimes in the judgment of the court below No. 2) with mental illness, including depression, and the main crime.

B. Illegal sentencing (each of the offenses in the judgment of the court below) is unfair because each of the offenses of the court below (the first instance court: imprisonment with prison labor for 10 months and fines for 500,000 won, and fines for 600,000 won: 60,000 won) is too unreasonable.

[The portion of the judgment of the court of first instance (a damage to public documents) which was acquitted was finalized as is by the failure of both parties to appeal]

2. Determination

A. The appeal case of the judgment below was consolidated in the judgment of the court below for ex officio judgment. Each of the offenses listed in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to one punishment within the scope of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for ex officio reversal, the mental and physical weak argument about each of the crimes in the second instance judgment of the defendant is still subject to the judgment of this court.

B. In light of the background, means and methods of each of the above crimes, actions before and after the commission of the crime, etc., although the defendant was deemed to have committed the crime of this case under the influence of shocking and violent behavior, it is not deemed that the defendant committed the crime of this case under the influence of shocking and violent behavior, and it does not seem that the defendant lacks the ability to discern things or make decisions due to disease or main action such as depression at the time.

Therefore, the judgment of the second instance court that found the Defendant guilty of the facts charged of this case and did not reduce the physical and mental weakness is just and acceptable.

This part of the defendant's assertion is without merit.

3. Accordingly, the part of the judgment of the court below of first instance and the whole of the judgment of the court below of second instance are reversed ex officio. Accordingly, the judgment of the court below against the defendant.