All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. At the time of committing the crime described in the judgment of the court of first instance, the Defendant did not have the ability to discern things or make a decision by drinking alcohol.

Nevertheless, the judgment of the court below which did not recognize the defendant's mental and physical weakness is erroneous or erroneous in the misapprehension of legal principles.

B. The sentence of the lower court (No. 1: imprisonment with prison labor for 8 months, and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.

2. After the judgment of the court below was rendered on the defendant's ex officio determination, the defendant filed an appeal against each judgment of the court below, and this court tried both appeals jointly.

However, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below in the first and second judgment cannot be maintained as it is.

Nevertheless, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and this is examined.

3. In light of the circumstance leading up to the crime, the Defendant’s speech and behavior and attitude before and after the crime, and the method of the crime, etc. acknowledged by the evidence duly adopted and examined by the first instance court’s first instance court as to the assertion of mental and physical weakness, it is deemed that the Defendant was in a state of drinking, but the Defendant was not in a state of drinking, thereby lacking the ability to discern things or make decisions.

It is not recognized.

The defendant's mental and physical weak arguments shall not be accepted.

4. The court below's decision is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is delivered through pleadings, on the ground that there is a ground for reversal ex officio.

【Grounds for a new judgment】 Criminal facts and summary of evidence recognized by the court, and their related facts.