All judgment of the court below shall be 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 of first instance, the Defendant was under the influence of alcohol at the time of committing the crime, and was in the state of mental disorder or mental disability.

(ii)mental disorder. (ii)The punishment sentenced by the court of the court below (one year of imprisonment) is too large and unjustifiable;

(F) 2.2

The punishment (eight months of imprisonment) imposed by the court below against the judgment of the court of second instance is too unreasonable.

(F) On February 2, 200, the judgment of the court below is ex officio prior to the judgment on the grounds for appeal by official authority, and the judgment of the court below rendered a separate judgment on each of the offenses against the defendant, but the court below held concurrent trials and tried at the same time, and each of the offenses is in a concurrent relationship under the former part of Article 37 of the Criminal Act and must be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. In this regard, each of the above

However, the defendant's argument about mental disorder is still subject to a trial by this court, and this is examined below.

3. In light of the background, method, and method of the crime indicated in the judgment of the court below regarding the Defendant’s mental and physical disorder, and the conduct before and after the crime, it does not appear that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime, or had weak capacity.

Therefore, the defendant's mental disorder is without merit.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows, after hearing.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the entries in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;