We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. At the time of committing the crime of the first instance judgment, the Defendant was in a state of mental and physical loss or mental weakness while drunkly, and was in a state of mental and physical weakness.

B. The punishment of the first and second original judgment (each imprisonment of 8 months) on sentencing is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Since the appeal case against the judgment below was consolidated in the first instance trial, each of the crimes of this case is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for reversal ex officio, 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 this court, and this is examined.

B. According to the record of the determination on the assertion of mental and physical weakness, each of the crimes committed by the Defendant under the influence or weak ability to discern things by drinking at the time of committing the crime in the judgment of the court of first instance.

Since it is not recognized, we cannot accept this part of the defendant's assertion.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the crime, the choice of punishment (the point of damage to property, the choice of imprisonment) and Article 257(1) of the Criminal Act (the point of injury and the punishment of imprisonment).