A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

B. 1) Determination on the assertion of unfair sentencing is an unfavorable circumstance, where the crime of this case is committed in spite of the intention and ability to pay the price, and the nature of the crime is not less than that of the “unauthorizedness” case that was provided by entertainment taverns in spite of the intention and ability to pay the price, and the defendant has the history of criminal punishment several times of criminal punishment for the same type of fraud, and the damage recovery has not been made. 2) However, the court below's punishment is somewhat unreasonable, considering the following circumstances: (a) the defendant led to the crime of this case; (b) the defendant is under the confession of the crime of this case; (c) the defendant is living under detention exceeding three months; (d) the amount acquired by the crime of this case is a small amount of 3.50,00 won; (d) there was no record of punishment exceeding the fine; (e) the defendant's age, character and environment; (e) the background and result of the crime of this case; and (e) the circumstances after

C. Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is remanded after pleadings.