All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 2,300,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged in this case, although the Defendant did not have any damage by gathering her contact and beer with the victim’s ownership, it was erroneous in the judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts.

B. The Defendant was in a state of mental and physical loss or mental weakness by drinking while committing the crime in the judgment of the second instance.

(c)

The punishment (2 million won) sentenced by the second instance court (2 million won for the judgment of the court below) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.

However, even if there are the above reasons for reversal in the judgment below, it is still subject to the judgment of this court because the defendant's mistake and mental or physical disorder is still subject to examination.

B. The following circumstances are revealed by the evidence duly adopted and investigated by the first instance court’s first instance court’s judgment on the assertion of fact: (i) the victim, who did not calculate 40,000 won out of 60,000 won after drinking alcohol at an investigative agency, did not have a drinking value; and (ii) the defendant, who caused the defect to pay the drinking value to the defendant, is not a drinking value; and (iii) the defendant was placed on the floor of the glass cup 3, beer, beer, 11, beer, and satis; and (iv) he was placed on the floor of the passenger; and (v) the victim was faced with his hair in the process of examining the floor by hand.

The statements have been made (the 24,25 pages of evidence);