We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Mental and physical disorder (the part concerning the crime in the judgment of the second instance) committed this part of the crime with mental and physical weakness or loss.

B. The punishment of the lower court (the first instance court: the imprisonment of 8 months, and the second instance court: the imprisonment of 2 years) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below was examined ex officio, and the defendant filed each appeal against the judgment of the court below and tried concurrently in the trial. Each crime of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, so long as the crime of each crime is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be concurrently rendered and sentenced to a single punishment under Article 38(

However, the defendant's argument about the second judgment of the court below is still subject to the judgment of the court regardless of the above reasons for reversal.

3. According to the records of the judgment on the assertion of mental and physical disorder (the part concerning the crime in the second instance judgment), the fact that the defendant was drunk at the time of committing the crime stated in the judgment of the second instance may be acknowledged. However, in light of the background leading to the crime in this case, the method and method of the crime, the defendant's speech at the time of committing the crime, etc., the defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing the crime.

It does not seem that it does not appear.

Therefore, the above argument by the defendant is without merit.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument on the sentencing, and it is again decided as follows.

[Re-written judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence correspond to each of the judgment below.