All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. Defendant 1) Each of the instant crimes committed by the Defendant with mental and physical weakness was under the influence of alcohol.

2) The sentence sentenced by the lower court to the Defendant (No. 1: fine of KRW 7 million, and imprisonment of KRW 2: 4 months) is too unreasonable.

B. The prosecutor (as to the judgment of the court below No. 1) sentenced by the court below to the defendant (as to the punishment amount of KRW 7 million) is too unhued and unfair.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed an appeal against the judgment of the court of first instance, and this court decided to consolidate the two appeals cases.

However, the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance cannot be maintained as it is.

However, the defendant's argument about mental and physical weakness is still subject to the court's judgment, and the following is judged below.

3. According to the records on the Defendant’s assertion of mental and physical weakness, the Defendant’s mental and physical weakness is acknowledged as having drinking alcohol at the time of each of the instant crimes, but in light of the background leading up to the Defendant’s crime, method of the crime, the time of the crime, and the following circumstances, etc., it is not deemed that the Defendant did not have reached a state where the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, and thus, the Defendant’s mental and physical weakness assertion is rejected.

4. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without omitting the determination of the illegality of sentencing by the defendant and the prosecutor, and it is again decided as follows.