A. The Defendant, at the time of committing the instant crime, was suffering from alcohol dependence and failed to suppress the impulse of drinking, so the Defendant was physically and mentally weak.

The argument is asserted.

B. The Defendant asserts that the sentence of punishment imposed by the lower court (eight months of imprisonment) is too large and unfair.

2. According to the record of the determination on the assertion of mental and physical weakness, it is recognized that the defendant suffered from the 3rd degree of intellectual disability with alcohol dependence. However, in light of the background and method leading up to the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., the defendant had weak ability to discern things or make decisions due to the above disability at the time of the crime of this case.

Since the defendant's mental and physical weakness are not visible, it is not accepted.

3. It is recognized that the defendant recognized his or her mistake as substitute and reflected his or her mistake, and that he or she could have suffered from alcohol dependence as a person with a disability of grade 3 with intellectual disability.

However, the Defendant had a history of having been punished several times for the same type of fraud in the past, and among them, the sentence becomes more than six times, and in particular, on October 12, 2016, after being sentenced to six months of imprisonment for a crime of fraud as stated in the judgment of the court below on October 25, 2016, the Defendant committed the instant crime even if he/she had committed a repeated crime after the execution of the sentence was completed on October 25, 2016, and the damage is minor from the standpoint of

In light of the fact that the Defendant did not recover from damage to the trial even though it was impossible to view it as an unfavorable circumstance, etc. In addition, there is no special circumstance or circumstance newly considered in sentencing after the sentence of the lower judgment, and the pleadings and records of the instant case, including the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime.