All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. (1) The Defendant committed the instant crime in a state of mental disability due to mental illness.

Dob. The second sentence (six months of imprisonment) of the lower court on the grounds that the sentence is too unreasonable.

B. The prosecutor (as to the judgment of the first instance court), the first instance court’s punishment (as to the fine of three million won) is too unhued and unreasonable.

2. Each court of original judgment ex officio rendered a judgment of fine and imprisonment with prison labor as above after completing a separate hearing against the defendant.

As to the judgment of the court below in the second instance, the prosecutor filed each appeal against the judgment of the court of first instance, and this court decided to hold the two cases appealed together for a trial.

However, each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

In addition, among the facts charged by the court of first instance, the prosecutor applied for amendments to the bill of indictment with the addition of two copies of the means of access linked to the J bank and I bank account, among the facts charged by the court of first instance, and the trial allowed it.

Accordingly, since the subject of the judgment of the court of first instance was changed, the judgment of the court of first instance was no longer maintained in this point.

However, there are reasons for ex officio reversal in the judgment below as above.

Even if the above argument of the defendant's mental disability is still subject to the judgment of this court, it is examined.

3. According to the records of the judgment on the Defendant’s claim of mental suffering, the Defendant is deemed to have received a depression and chronic alcohol addiction diagnosis. However, in light of the Defendant’s behavior before and after the crime of the second instance court and the circumstances after the crime, etc., the Defendant lacks the ability to discern things or make decisions.