When committing the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

The court below's sentence of unfair sentencing (six months of imprisonment) is too unreasonable.

Judgment

According to the records on the argument of mental disability, even though the defendant was in a state of drinking at the time of each of the crimes in this case, in light of the following circumstances, such as the course and process of the crimes in this case, means and method, and the defendant's speech and behavior before and after the crimes, it does not seem that the defendant had the ability to discern things or make decisions due to drinking, and therefore the above argument by the defendant is without merit.

It is advantageous to the fact that the defendant's decision on the argument of unfair sentencing recognizes his mistake and that the fraud amount is a small amount of KRW 136,000 in total.

However, there are more than 10 records of punishment for the criminal defendant, including punishment, for the crime of the same crime of the taking-off type, that is, the crime during the period of repeated crime, the habition of the crime of the taking-out type, and that the lack of compliance awareness is serious is disadvantageous. In full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the criminal defendant, character and conduct, and environment, the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.