The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant shall be reversed.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

1. Summary of grounds for appeal;

A. Defendant 1) Mental and physical weakness (the part concerning the crime indicated in the judgment of the court below in the judgment of the court below) committed this part of the crime, the Defendant was in a physical and mental state for taking drugs, such as a stroke

2) The sentence of the lower court (the first instance court: the imprisonment of August and the second instance court: the imprisonment of April) is too unreasonable.

B. The lower court’s sentence Nos. 1 and 2 of the Prosecutor is too unhued and unreasonable.

2. The judgment of the court below in the first and second instances against the defendant in the judgment of the court below was rendered, and both the defendant and the prosecutor filed an appeal against the defendant in the first and second instances, and the court decided to hold concurrent hearings against the above two appeals cases. The crime of the first and second rulings against the defendant in the first and second instances of concurrent crimes under the former part of Article 37 of the Criminal Act is one of the concurrent crimes under Article 38(1) of the Criminal Act, and thus, the part against the defendant in the judgment of the court below and the second and the second judgment cannot be maintained.

3. In light of various circumstances, such as the background leading to the Defendant to commit this part of the crime, the means and method of committing the crime, and the fact that the Defendant makes a statement by memorying to a certain degree of the process before and after the crime, etc., the Defendant was in a state that he lacks the ability to discern things or make decisions due to taking drugs, etc. at the time of the crime.

It is difficult to see it.

Therefore, the defendant's above assertion is without merit.

4. In conclusion, the part concerning the defendant among the judgment of the court of first instance and the judgment of the court of second instance on the grounds that there are grounds for reversal of the above authority among the judgment below and the judgment of the court of second instance. Thus, without examining the above unfair sentencing argument by the defendant and the prosecutor, all of them are reversed pursuant to Article 364 (2) of the Criminal Procedure Act

[Judgment which is used again] Summary of facts constituting an offense and evidence, and summary of the evidence recognized by the court.