All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Defendant (unfair punishment)’s punishment (the first judgment of the court below: imprisonment with prison labor for a year and two months, and imprisonment for a period of eight months) is too unreasonable.

B. The sentence of the judgment of the first instance court against the prosecutor (unfairness) is too uneasible and unfair.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the first and second court rendered ex officio a sentence of imprisonment with prison labor for the former, one year and two months for the latter, and eight months for the latter, respectively. The defendant and the prosecutor filed each appeal against the judgment of the court of first instance, and the second appeal against the judgment of the court of second instance, and the court of first instance decided to jointly examine the above two appeals cases.

However, each crime against the defendant should be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot avoid reversal.

B. Meanwhile, according to the evidence duly adopted and examined by the first instance court, it is difficult to view that the first instance court was in a state of drinking alcohol to some extent at the time when the Defendant committed a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), but, in light of the mode and method of the above crime, the Defendant’s speech and behavior at the time, etc., it lacks the ability to discern things or make decisions.

Nevertheless, the first instance court determined that the Defendant committed a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in a state of mental disorder under the influence of alcohol. In this regard, the first instance judgment cannot escape from reversal.

3. In conclusion, the judgment of the court below has the grounds for reversal as seen above, and thus, without examining the grounds for appeal by the defendant and the prosecutor, it is in accordance with Article 364(2) of the Criminal Procedure Act.