We reverse the judgment of the court below.

The punishment of the accused shall be determined by ten months of imprisonment.

Summary of Grounds for Appeal

A. At the time of the larceny crime as indicated in the judgment of the first instance court, the Defendant had weak ability to discern things or make decisions by drinking alcohol.

B. The punishment of each judgment of the court below on unfair sentencing (the first judgment of the court below: imprisonment with prison labor for 8 months and the second judgment of the court below: imprisonment with prison labor for 3 months) is too unreasonable.

We examine ex officio the grounds for appeal by the defendant before determining ex officio.

This Court held two appeals cases against the defendant jointly and tried by the two original judgments, and since the crime in the decision of each original court is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, the original judgment cannot be maintained any more.

The judgment of the court of first instance contains the above reasons for ex officio reversal.

The defendant's argument of mental disability is still subject to the judgment of this court, and this is examined.

According to the records of this case as to the defendant's claim of mental disability, it is recognized that the defendant had drinking alcohol at the time of the larceny crime in the judgment of the first instance court, but in light of various circumstances, such as the course, process, means and method of the crime, and the defendant's speech and behavior before and after the crime, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of larceny. Therefore, the above assertion by the defendant

As such, 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, and the following is again decided after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;