We reverse the judgment of the court below.

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

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing each crime in the first instance judgment.

B. The sentence that the court below sentenced to the defendant (No. 1: imprisonment with prison labor for 10 months, and No. 2: imprisonment with prison labor for 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, this Court tried by combining each appeal case of the judgment of the court of first instance and the judgment of the court of second instance. The first instance and the judgment of the court of second instance are concurrently related to the crimes of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.

However, the defendant's argument of mental and physical weakness in the judgment of the court of first instance is still subject to the judgment of the court despite the above reasons for reversal.

3. According to the records on the assertion of mental and physical weakness, it is recognized that the defendant was in a drunken state at the time of committing each crime in the judgment of the first instance court, and that he was suffering from alcohol alcohol, but the defendant had weak ability to distinguish things or make decisions at the time of committing the crime in light of the content of the crime and the method of the crime.

does not appear.

Therefore, the defendant's assertion is not accepted.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below and the judgment of the court below No. 1 and No. 2 are reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing.

[Re-written judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, Article 369 of the Criminal Procedure Act is applicable to each corresponding column of the judgment below.