The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in the bill of amendment with regard to "violation of the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.)" among the names of crimes in the criminal trial as "special assault"; "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act" among the applicable provisions of Acts as "Articles 261 and 260(1) of the Criminal Act"; "Violation of the Punishment of Violences, etc. Act (collective assault, etc.)" (collective assault, deadly weapon, etc.)" among the facts charged as "Article 261 and 260(1) of the Criminal Act" as "3. Special assault."

On the other hand, the charges of this part of the facts charged and the remaining facts of the crime that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act.

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

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.

【Judgment Co., Ltd.】 The Defendant committed the following crimes under the status that the Defendant was unable to discern things or make decisions due to stimulative disorder.

1. On December 3, 2014, at around 15:00, the Defendant damaged the above property at the market price by releasing the victim D, a husband of a de facto marriage relationship, and the house, fireworks, and glass bottles owned by the Defendant, at the house of the Defendant, who was in a de facto marital relationship No. 2 Dong 101, a husband of a de facto marital relationship.

2. On December 10, 2014, the Defendant is a victim G (n, 53 years of age) in front of “F” located in Chungcheongnam-gun E, Chungcheongnam-gun, Chungcheongnam-do on December 10, 201.