A. Defendant 1) Defendant 1 was subject to multiple medical care and custody, and still undermining alcohol use, etc., and met the alcohol on the day of the instant case without recognizing that the Defendant had to do so on the day of the instant case, and committed the instant crime with the victim’s main points under the influence of mental and physical weakness.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the Defendant’s criminal records, etc., the lower court also asserted the same in the lower court’s determination as to the Defendant’s mental and physical weakness, and the lower court, even though the Defendant predicted the risk of preventing a crime under the influence of alcohol, caused the Defendant’s mental

As such, the defendant's act rejected the above assertion on the ground that it constitutes "free act in a cause" under Article 10 (3) of the Criminal Code.

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the decision of the court below which did not reduce the defendant's mental and physical weakness is justified, and there is no error as alleged by the defendant.

This part of the defendant's assertion is without merit.

B. Circumstances favorable to the Defendant regarding the Defendant’s wrongful assertion of sentencing between the Defendant and the Prosecutor are as follows.

The Defendant led to confession and reflect on the instant crime.

The defendant's crime was committed once, and the amount of damage was less than 30,000 won.

Circumstances unfavorable to the defendant are as follows:

The Defendant was sentenced to a punishment of one year and six months for habitual fraud in 2013, and was sentenced to six months for fraud in 2015 and completed the enforcement of each punishment, and again committed the instant crime during the period of repeated crime.

In addition, the defendant has been punished for the same kind of crime.

The defendant did not pay the amount of damage.

(b) other.