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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant committed the instant crime under the influence of alcohol at the time of the commission of each crime by the lower court, without regard to the crime. The lower court erred by misapprehending the legal doctrine on mental disorder, thereby adversely affecting the conclusion of the judgment.
B. Each sentence (the first instance judgment: imprisonment with prison labor for a period of one year and four months, and the second instance judgment: a fine of three million won) imposed by the lower court on the Defendant is too unreasonable.
2. Determination
A. Before the judgment of the court below on the grounds for appeal by the defendant ex officio, each of the offenses in the judgment of the court below which the court below found guilty was consolidated and tried in the trial. Each of the offenses in the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
However, even if there is a reason to reverse ex officio as above, the defendant's grounds for appeal as to the mental and physical disability of the above defendant are still subject to the judgment of this court, and this is examined.
B. In light of the background, process, means and method of each of the instant crimes, the Defendant’s act before and after the instant crime was committed, etc. as revealed in the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant was under the influence of alcohol at the time of each of the instant crimes, and thus, the Defendant’s allegation above is rejected.
3. According to the conclusion, the judgment of the court below ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing is reversed, and the following is again decided after pleading.
Criminal facts
b) the evidence;