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. The Defendant was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

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

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the trial court as to the claim of mental disability, the defendant is deemed to have served alcohol at the time of each of the crimes in this case, but on the other hand, considering all circumstances such as the circumstance leading to each of the crimes in this case, the method and method of the crime, and the defendant's specific behavior attitude before and after the crime in this case, it cannot be deemed that the defendant did not have reached a state where the defendant's ability to discern things or make decisions at the time of each of the crimes in this case, and thus,

B. Although the crime of this case on the assertion of unfair sentencing is not good for the defendant to use a stolen property and stolen credit card by infringing upon another person's residence at night, the crime of this case is deemed to have been committed by the defendant. However, in consideration of the fact that the defendant was the first offender, reflects the fact that 750,000 won was deposited at the trial, and the material damage was deemed to have been most recovered. In addition, considering all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, character and environment, the court below's imprisonment (6 months)

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 330 of the Criminal Act and Article 70 of the Specialized Credit Financial Business Act concerning criminal facts, the choice of punishment (the point of night larceny).