The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was drunk and was in a state of mental disability.

B. The sentence imposed by the lower court (one hundred months of imprisonment, and a fine of three hundred thousand won) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental retardation, even though the defendant was in a state of drinking at the time of each of the crimes in this case, in light of the defendant's usual drinking, the background leading up to the crime, the means and method of the crime, and the circumstances, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time. Thus, the above assertion by the defendant is without merit.

B. As to the assertion on unfair sentencing, the instant crime committed by the Defendant, as if the Defendant were to pay liquor prices, etc., has interfered with the duties by deceiving the victims requesting the payment, thereby interfering with their duties, and upon receiving the report, the police officers in receipt of the report, take a bath, and conduct the spitation and taking a bath in the police box, which is very poor in the nature of the crime, and the Defendant committed the act of disturbing the spitation and taking a bath at the police box, and there is a record of punishment several times in the past, as well as the fact that the Defendant was subjected to the suspended sentence, and there is also an unfavorable sentencing factor such as

However, in light of all of the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, the background and result of the instant crime, etc., the Defendant’s punishment sentenced by the lower court is too unreasonable, and thus, the Defendant’s above assertion is reasonable.

3. Accordingly, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and it is subject to pleading