All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

2.2(No. 1) of the seized knife.

1. Summary of grounds for appeal;

A. The Defendant (the second judgment of the court below) was drunk at the time of the instant crime, and was in a state of mental and physical disability, and the sentence of the court below (the imprisonment for 10 months) is too unreasonable.

B. Inspection (as to the judgment of the court of first instance), the sentence of the court below (as to the fine of three million won) is too unhued and unfair.

2. Determination

A. Before determining the grounds for appeal by the defendant and the prosecutor ex officio, this Court decided to concurrently examine each appeal case against the judgment of the court below. The judgment of the court below that found the defendant guilty is in a concurrent relationship with each other under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more in this respect.

However, despite the above reasons for ex officio reversal in the judgment of the court below, the defendant's claim of mental disability against the judgment of the court of second instance is still subject to the judgment of the court of this court

B. In full view of all the circumstances, such as the means and method of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc., as indicated in the judgment on the Defendant’s claim of mental disability, it is deemed that the fact that the Defendant was under the influence of alcohol at the time of each of the instant crimes is recognized, but the Defendant did not have the ability to discern things at the time of each of the instant crimes

Therefore, the defendant's assertion is without merit.

3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed ex officio, and it is again decided as follows through pleading.

Criminal facts

b) the summary of the evidence and evidence.