The remainder of the judgment of the first instance and the judgment of the second instance, excluding the dismissal order, shall be reversed.

§ 1.

The second instance court rejected an application for compensation by an applicant for compensation, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the second instance court's rejection of application for compensation in the second instance judgment shall be excluded from the scope of the trial

Summary of Grounds for Appeal

A. (1) The judgment of the court of first instance was in the state of lacking the ability to discern things or make decisions by drinking alcohol at the time of each crime in the judgment of the court below. (2) The punishment (the first crime: imprisonment with prison labor for 10 months and the second crime: imprisonment with prison labor for 8 months) sentenced by the judgment of the court of unfair sentencing is too unreasonable.

B. The punishment sentenced by the court below of the second instance (eight months of imprisonment) is too unreasonable.

3. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments against the defendant were rendered, and the first and second judgments against the defendant were rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the two cases. The second and the second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, since the second and the second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the second and the second judgment cannot be maintained as they are.

However, even though there is a ground for ex officio reversal, the defendant's assertion of mental disability and the defendant's assertion of unreasonable sentencing as to each crime in the judgment of the court of first instance is still subject to the judgment of this court, and the following are examined.

4. According to the evidence duly admitted and examined by the court of the court below as to the claim of mental disability as to each crime of the judgment of the court of first instance, the fact that the defendant committed each crime of the judgment in the state of drinking.

However, the defendant.