A. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.

B. The punishment sentenced by the court below (No. 1: imprisonment of April, and crime No. 2, 3, 4, 5 and 2: imprisonment of 1 year and 6 months) is too unreasonable.

2. Determination

A. In light of various circumstances indicated in the record, such as the course and process of the instant crime and the Defendant’s act before and after the instant crime, even if the Defendant was under the influence of alcohol at the time of the instant crime, the Defendant does not seem to have lost the ability to discern things or make decisions. Therefore, this part of the Defendant’s assertion is without merit.

B. The circumstances favorable to the defendant include: (a) the Defendant’s confession of all of the instant crimes and the Defendant’s health is not good; and (b) the first head of the first crime as stated in the judgment of the court below and the second sentence of Article 37 of the Criminal Act are concurrent crimes as stated in the latter part of Article 37 of the Criminal Act with the crime of the first head of the crime as stated in the judgment of the court below, which became final and conclusive; and (c)

However, the crime of this case is committed by the defendant repeatedly by reporting the fact of violation at entertainment establishments, public entertainment establishments, etc. or by harming or withdrawing money as if the theft accident occurred. However, it is not appropriate to commit the crime in light of the method of crime, type of crime, degree of damage, etc., the victim of this case and the victim of this case did not reach an agreement with the victim of this case or the victim of this case, and the defendant committed the crime of Nos. 2, 3, 4, 5 and 2 of the crime list in the judgment of the court below at the same time during the period of repeated crime even though he had the record of punishment for the same crime, and other crimes are committed by the defendant's age, character and behavior, environment, and crime.