A. The Defendant of mental and physical weakness committed the instant crime under a state of mental and physical weakness.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mental and physical weakness, namely, the motive and circumstance leading up to the Defendant’s committing the instant crime at an investigative agency, and the Defendant’s act at the time, etc., relatively detailed and detailed, and the background and method of the instant crime, the Defendant’s act before and after the instant crime, and the Defendant’s attitude to make a statement to the investigative agency, etc., the Defendant had weak ability to discern things at the time of committing the instant crime or make a decision.

shall not be deemed to exist.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The Defendant recognized the instant crime and opposed to the determination of the illegality of sentencing.

There is no criminal defendant who is sentenced to a fine exceeding the same kind of crime.

This is the circumstances favorable to the defendant.

However, the Defendant committed the instant crime during the period of repeated crime, and the Defendant was already punished for committing the instant crime, such as a crime without prison labor, on several occasions.

Not only the victims but also the victims did not recover from the damage.

In addition, there is no change of circumstances that can reduce the sentence of the court below in the first instance court.

This is disadvantageous to the defendant.

Such circumstances and the general sentencing guidelines established by the Supreme Court sentencing committee are six months to one year and six months (no person is subject to special sentencing) as they fall under the basic area among the types of general fraud No. 1 (less than KRW 100 million). In full view of the motive and means of committing the relevant crime against the victim of the Defendant’s age, character and behavior environment, as well as the circumstances after the crime, etc., the lower court’s sentence is too excessive.