All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant shall be sentenced to the reduction of punishment that the Defendant committed the crime of the second instance judgment under the influence of alcohol with weak mental and physical disorder (mental and physical disorder) [2] The Defendant shall be sentenced to the reduction of punishment (the first instance judgment: imprisonment with prison labor for eight months and imprisonment with prison labor for two years: one year) of the lower judgment against the Defendant (the first instance judgment: imprisonment with prison labor for eight months and imprisonment with prison labor for one year) so as to be too unreasonable [unfair sentencing]. (b) The Defendant’s punishment against the Defendant by the lower court of the first instance against the Defendant by the public prosecutor

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

B. As to the judgment of the court of first instance, the defendant and the prosecutor filed each appeal against the judgment of the court of second instance, and the defendant filed each appeal against the judgment of the court of second instance, and the court of first instance decided to hold all appeals against the judgment of the court of first instance and the judgment

Each of the crimes in the judgment of the court below Nos. 1 and 2 against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court of first instance that sentenced a separate punishment against the defendant and the judgment of the court of second instance cannot be maintained

(c)

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of mental disorder is still subject to a trial by this court, and this is examined below.

3. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical disability argument, the Defendant appears to have been under the influence of alcohol at the time of committing this part of the crime.

However, in light of the background leading up to the crime, the Defendant’s speech and behavior, the means and method of the crime, and the circumstances after the crime, etc., there was a lack of ability to discern things or make decisions due to drinking at the time of the crime.

It does not seem that it does not appear.

On the other hand, even if the defendant was in a state of mental and physical weakness, the defendant also committed this part of the crime.