The defendant shall pay 3,110,000 won to the applicant for compensation by deceit.

3.2

A. Under the influence of alcohol at the time of committing each of the instant crimes, the Defendant was in a state of mental disorder.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment with prison labor and six months of imprisonment with prison labor for each of the remaining crimes) is too unreasonable.

2. Determination

A. Reviewing the misapprehension of legal principles’ assertion, the record reveals that the Defendant was under the influence of alcohol at the time of each of the instant crimes. However, in light of the content and circumstances of the instant crime, the time of the crime, and the Defendant’s speech and behavior before and after the crime, etc., it is not deemed that the Defendant had the capacity to discern things or make decisions at the time of each of the instant crimes.

B. Comprehensively taking account of the grounds for sentencing indicated in the instant argument and records on the assertion of unfair sentencing, each of the lower judgment appears to have been determined by fully considering the various grounds for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the sentencing is modified ex post facto.

3. As such, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and the application for compensation filed in the trial room is with merit within the scope of KRW 3,110,00,00, which is the sum of fraud. Thus, it is so decided as per Disposition by the assent of all participating Justices on the Civil Procedure Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.