The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. As to the judgment of the court below 2, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the crime.

B. Illegal sentencing of the lower court (the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: imprisonment with prison labor for a period of three months) is too unreasonable.

2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crime of the judgment of the court of first instance and the crime of the judgment of the court of second instance in the judgment of the court of second instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and should be punished as a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for reversal of authority, the defendant's assertion of mental disorder is still subject to the judgment of this court, and this is examined.

3. In light of the evidence duly adopted and examined by the second instance judgment as to the assertion of mental or physical disorder, the background and mode of the crime of the second instance judgment in the second instance and the second instance judgment acknowledged based on the Defendant’s statement at the trial court, etc., the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

shall not be deemed to exist.

Therefore, the defendant's mental disorder is not accepted.

4. As seen above, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below Nos. 1 and 2 is reversed, and the following is again decided after pleading.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the first and second judgments, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.