사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was drunk and was in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court regarding the claim of mental retardation, it is deemed that the Defendant was in a state of drinking alcohol at the time of committing each of the instant fraud, but in light of the background leading up to the instant crime, the means and method of the crime, and the circumstances before and after the instant crime, it does not seem that the Defendant at the time of committing the instant crime, was in a state of lacking the ability to discern things or make decisions.
Therefore, the above assertion by the defendant and the defense counsel is without merit.
B. From around 198 to 17 times, the Defendant had been punished for the same kind of crime under the same law, and even if he was sentenced to a suspended sentence on May 14, 2014, he again committed each of the instant crimes during the suspended sentence period, and around 09:00 on October 11, 2014, the Defendant was investigated by the investigative agency on the same day at around 14:27 of the same day, even if he was investigated on the crime against the victim D and was investigated by the investigative agency on the same day, at around 19:00 on the same day, again committed the crime against the victim G at around 2:19:0 on the following day, and again committed the crime against the victim K again at around 09:30 on the following day, there is a need to strictly punish the Defendant in light of the circumstances leading up to the instant crime and the circumstances after the instant crime. However, even if the Defendant was found to have committed the instant crime, the Defendant’s efforts to refrain him from using alcohol for a long period of time before his treatment and rehabilitation.