A defendant shall be punished by imprisonment for a term of one year and two months.

A. 1) Of the facts charged by the lower court No. 1, as to the fraud of paragraphs 1 and 4 of the facts charged by the lower court, only he was aware that there was money at the time, and received food by entering a restaurant, and did not have the intention of deceiving the victims who are restaurant owners from the beginning.

2) Of the facts charged by the lower court No. 1, with respect to the fraud under Paragraph 2, the Defendant did not provide a prior explanation to the principal restaurant principal victim, but did not know that the victim was aware of his/her identity at least several times, and there was no intention to deceive the victim on the other hand.

3) Of the facts charged by the lower court No. 1, the Defendant was aware of the Defendant’s personal injury and reported the victim’s personal injury under the influence of alcohol, and thus, there was no intention to larceny.

B. The facts charged by the court below of the first and second instances of mental disorder are all crimes committed by the defendant in the state of mental disorder due to the main action.

(c)

With regard to the facts charged by the lower court, the Defendant’s act ought to be subject to the Punishment of Minor Offenses Act, not to interfere with fraud and business affairs.

(d)

The punishment sentenced by the court below (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: imprisonment with prison labor for 6 months) is too unreasonable.

2. Ex officio determination

A. The court consolidated each appeal case against the judgment below.

Each of the crimes in the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained as it is.

B. In addition, according to the records of this case, the Defendant was sentenced to one year of imprisonment with prison labor by the Ulsan District Court on October 27, 2017, and such judgment became final and conclusive on April 24, 2018, which was after the first instance judgment was sentenced.

As above, the crime of interference with the duties that became final and conclusive and the crime of the first instance judgment is in the relation of concurrent crimes after Article 37 of the Criminal Code.