A defendant shall be punished by imprisonment for not less than eight months.

A. The Defendant asserted mental disorder was under the influence of alcohol at the time of each crime, and was in the state of mental disorder or mental disorder.

B. The lower court’s imprisonment (ten months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant may be found to have served to a certain extent at the time of each of the crimes in this case. However, in light of the amount of drinking alcohol at the time, the defendant's attitude and speech before and after the crime, and the circumstances after the crime, the defendant did not have the ability to discern things or make decisions due to drinking at the time of each of the crimes in this case.

did not appear to have existed in or weak condition.

Therefore, the defendant's mental disorder is without merit.

B. As to the assertion on unfair sentencing, the Defendant had been repeatedly punished three times for the same kind of crime during the year in which he/she was committed, and in particular, the Defendant again committed each of the instant crimes even though he/she was sentenced to two years of suspension of execution on August 9, 2012 due to a fraudulent act committed by an unrecognating type, etc. on August 9, 2012, and was in the period of suspension of execution, and the victims failed to recover damage to victims, thereby seeking the Defendant’s punishment is disadvantageous to the Defendant.

On the other hand, the fact that each of the crimes of this case was divided in depth and reflected by the defendant, that there was no record of punishment for the same kind of crime before 2012, and that there was little record of hospitalized treatment due to alcohol respect, etc. are favorable to the defendant.

Therefore, considering the above circumstances and the various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, and the background of the instant crime, the lower court’s punishment against the Defendant is deemed unreasonable.

3. Accordingly, the defendant's appeal is justified.