1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3. Soldiers who are seized.

1. Summary of grounds for appeal;

A. Defendant 1) As to the first instance judgment case of mental illness, the Defendant was suffering from mental illness at the time of committing the crime, and was in a state of mental disability and injury. 2) The lower court’s sentence of unreasonable sentencing (the first instance court: 10 months of imprisonment and the second instance court’s imprisonment: 1 year of imprisonment) is too unreasonable.

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

2. Determination

A. As the judgment of the court below against the defendant for ex officio determination, the prosecutor filed an appeal against the judgment of the court of first instance against all of the judgment of the court below, and this court decided to hold concurrent hearings of the above appeal cases. Each of the offenses of the judgment of the court below is a concurrent offense relationship 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,

However, despite the above reasons for ex officio destruction, the defendant's argument of mental disability among the grounds for appeal is still subject to the judgment of this court, and this is examined in the below.

B. As to the claim of mental disability, the Defendant asserted the same purport as this part of the grounds for appeal, and the lower court, according to the records, although the Defendant was diagnosed by L Hospital doctor M after the instant crime, and purchased gasoline from the gas station, the Defendant purchased gasoline from the gas station, despite the fact that “it is deemed that continuous mental treatment is necessary for six months or more later.” The symptoms, such as excessive alcohol consumption, drinking, influence, depression, depression, etc., are repeated to a patient hospitalized in the main mental health department from July 23, 2015 to March 30, 2016, as a patient hospitalized in the main mental health department from July 23 to March 30, 2016.”