The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of committing the instant crime with mental or physical disorder, the person was in a state of mental or physical disability.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below on February 6, 2014, prior to the judgment on the grounds for appeal ex officio, the defendant was sentenced to six months of imprisonment with prison labor for night building intrusion larceny at the Incheon District Court on February 6, 2014, and the judgment became final and conclusive on April 30, 2014. Since the crime in the judgment of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the above night building intrusion larceny for which judgment became final and conclusive, the punishment shall be determined after examining whether to reduce or exempt punishment in accordance with Article 39(1) of the Criminal Act, taking into account the case where a judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act and equity

B. On the basis of the judgment on the Defendant’s assertion of the mental disorder, the Defendant’s assertion of the above mental disorder is still subject to the judgment of the court, and this is to be examined.

According to the evidence duly admitted and examined by the court below, although the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the circumstances leading to each of the crimes of this case, the method and method of the crime, and the circumstances before and after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

3. 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 assertion of unfair sentencing, on the grounds of ex officio reversal.