The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. At the time of the instant crime, the Defendant was physically unable to discern things or make decisions due to the serious symptoms of the current symptoms.

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

Judgment

A. In light of the records, as to whether the Defendant had proved the existence of alcohol both at the port of view and had committed the instant crime under the condition of mental and physical weakness, and the Defendant was in a state of mental and physical loss due to the night, according to the health and records, the Defendant ordered the Defendant to drink by specific horses at the time of committing the crime, and there was apprehension that the Defendant was in a state of mental and physical loss, and that the Defendant was in an uneasible manner as to the Defendant’s drinking at the time of committing the crime.

It is difficult to accept the defendant's above assertion in light of the fact that the victim was aware of the victim's awareness, and the victim who demanded the calculation refers to the police.

B. In addition to these circumstances, in light of the circumstances such as the background leading up to the instant crime, the means and method of the instant crime, the Defendant’s act before and after the instant crime, the Defendant’s investigative agency and the Defendant’s response attitude in this court, etc., the circumstance that the instant crime was committed was in a state where the Defendant was in a state of loss of the ability to discern things or make decisions solely on the basis that the Defendant was Cho

shall not be deemed to exist.

Therefore, the defendant's assertion of mental loss is without merit.

B. The gains obtained by the defendant as to the wrongful argument of sentencing are 2.30,000 won.

However, there is a record that the defendant has been punished more than 30 times due to the same fraud, again commits the crime during the period of repeated crime, and there is a high possibility that the defendant will repeat the crime in light of the past criminal records, and the defendant committed the crime due to early illness rather than reflecting the crime.

It is urgent to vindicate for the victim, and even though the amount of damage is small, it is agreed with the victim.