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

A. Although the Defendant committed the instant crime under the influence of alcohol at the time of each of the instant crimes, with the absence or weak capacity to distinguish things or make decisions, the lower court did not consider it. In so doing, the lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means and method of each of the crimes in this case, the Defendant’s act before and after the crime was committed, etc. as seen 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 crimes in this case, and thus, the Defendant’s allegation above is rejected.

B. In light of the fact that the defendant committed the instant crime even though he/she had a history of punishment over several times with regard to the assertion of unfair sentencing, it is highly necessary to punish the defendant strictly.

However, in full view of all the sentencing conditions shown in the arguments of this case including the fact that the defendant's mistake is recognized and the amount of damage caused by the crime of this case is merely 8.30,000 won, etc., it is judged that the sentence of the court below is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the defendant's crime and evidence recognized by the court is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.