The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of 50,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendant and the candidate for medical treatment and custody (hereinafter referred to as the "defendant") (one year and two months of imprisonment and one million won of fine) is too unreasonable.

For the following reasons, the prosecutor of the judgment ex officio requested the defendant to amend the bill of amendment to the effect that the defendant committed each of the crimes of this case in the state of mental and physical disability and added the habitualness of fraud, and that the subject of the judgment was changed by this court's permission, so the judgment of the court below is no longer maintained.

The judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

On the other hand, since the prosecutor filed a request for medical treatment and custody against the defendant at the trial court, the prosecutor makes a decision on the medical treatment and custody claim together

Punishment of the crime

The facts constituting the crime acknowledged by this court are identical to the statement in the corresponding column of the judgment of the court below, except for adding "the defendant committed each of the following crimes under the status that "the defendant has a lack of the ability to discern things or make decisions due to the proof of alcohol existence, and has committed each of the following frauds habitually." Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

The Defendant committed each of the above frauds under the lack of the ability to discern things or make decisions due to the existence of alcohol, and the present symptoms, such as depression, influence, and mental division, appear to require such mental therapy. As such, the Defendant needs to receive medical treatment at a medical treatment and custody facility in light of his/her family relation, drinking habits, personality and behavior, treatment records, medical records, name of illness, circumstances after the crime, etc.

Summary of Evidence

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