All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. As to the crime of mental and physical disability Nos. 1 and 2 of the lower court, the Defendant committed the above crime under the condition that the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (the first instance court’s sentence: 6 months of imprisonment and 6 months of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the first and second court rendered an ex officio decision on the grounds for appeal, and after completing a separate hearing with the Suwon District Court 2014Kadan3882 and the court 2014Kadan6121, respectively, to the Defendant, sentenced the Defendant to six months of imprisonment with prison labor and six months of imprisonment with prison labor for the latter. The Defendant filed an appeal against each of the above judgment below, and the court of the first instance decided to concurrently examine the above two appeals cases.

Therefore, since the first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, punishment should be imposed according to the case of concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below against the defendant can no longer be maintained.

B. However, the defendant's assertion of mental disability is still subject to the judgment of this court. Thus, we examine whether the defendant was in a state of mental disability at the time of committing the crime of the first and second court.

Although the defendant seems to drink at the time of each crime, in light of the circumstances and methods of the crime, the details of the crime, the defendant's behavior before and after the crime, etc., it is not deemed that the defendant lacks the ability to discern things or make decisions due to drinking, and therefore, this part of the defendant's assertion is rejected.

3. The judgment of the court below on the grounds of ex officio reversal as seen above is based on Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing.