The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

1. The sentence of the court below (10 months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been committed as if the defendant had no intent or ability to pay the liquor price and acquired pecuniary benefits equivalent to KRW 2.70,00 by obtaining alcohol and alcohol from the victim in total. In light of the circumstances of the crime, the nature of the crime is not good. The defendant is subject to criminal punishment several times including imprisonment due to the criminal act of the same veterinary act, and the defendant committed the crime of this case at least five days after being released from the interest during the repeated period of the same crime. However, there are unfavorable circumstances such as the defendant's awareness of and against the crime, that the defendant does not want punishment against the defendant, that the victim does not want the punishment against the defendant, that the amount of damage is minor, that the defendant suffers from dependence on alcohol use, and that all the circumstances of sentencing such as the defendant's age, character and conduct, environment, family relationship, motive for the crime, means and result after the crime, etc. are considered to be a condition after the crime, and thus, the defendant's assertion of punishment is unreasonable.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are 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 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;