All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for seven years.

The summary of the grounds for appeal (the judgment of the court of first instance) was the mental and physical loss or mental weakness of the defendant, who had a great deal of alcohol to take the drugs prescribed by the mental department at the time of committing the crime of first instance judgment.

The punishment of the court below (the first instance court: the imprisonment of 4 years, the second instance court: the imprisonment of 6 years) is too unreasonable.

Judgment

Before determining the grounds for appeal by the defendant, it is examined ex officio.

The Court decided that each appeal case against the judgment of the court below will be consolidated and tried.

However, the judgment of the court below against the defendant should be sentenced to a single punishment as it constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained any more.

However, even if there is a ground for ex officio reversal as above, the defendant's assertion of mental or physical loss or mental weakness is still subject to the judgment of this court, which will be examined below.

According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the defendant's mental disorder, it is recognized that the defendant had a little alcohol at the time of the crime of the first instance judgment, but in full view of the following circumstances, such as the background and method of the crime of the first instance judgment, the circumstances before and after the crime, the defendant's attitude of statement and contents, etc., the defendant was disqualified from the ability to distinguish things at the time of the crime of the above crime.

or the state of lacking such ability;

It is difficult to see it.

Therefore, this part of the defendant's argument cannot be accepted.

At the time of the above crime, the victim was wearing a half-way and balks, but the defendant was accurately aware of this.

The defendant, after taking off the victim's counter-defluences, flabing the victim's flab that the victim's flab was unlikely to control the victim, refers to the victim's own flab.

was made.

The CCTV taken by the injured party against the accused.