All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The Defendant with mental or physical disorder was under the influence of alcohol at the time of committing each crime listed in the judgment of the court below as stated in the judgment of the court Decree No. 1, and was mentally and physically deprived or physically weak

B. The sentence that the court below sentenced against the defendant (the first instance judgment: imprisonment with prison labor for three years, and the second instance judgment: imprisonment with prison labor for one year) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the judgment of the court below was rendered to the defendant, and both the defendant filed an appeal against them. This court decided to hold concurrent hearings of each of the above appeal cases. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the offenses against the defendant should be sentenced to one punishment pursuant to Article 38 (1) of the Criminal Act. Thus, each of the judgment of the court below is no longer maintained.

However, although the judgment of the court below has the above reasons for reversal of authority, the defendant's mental and physical disorder still is subject to the judgment of the court, and this is examined below.

3. In light of the circumstances after the commission of each crime listed in the judgment of the court below, the circumstances leading to each of the above crimes, the Defendant’s behavior at the time, etc., acknowledged by the records of the judgment on the assertion of mental and physical disorder, the Defendant had no or weak ability to discern things due to drinking or mental or physical disorder at the time of stopping each of the above crimes.

Therefore, the defendant's mental and physical disability argument is without merit.

4. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is ruled as follows through pleading.

[Judgment to be used again]