All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts, or misunderstanding of legal principles, the Defendant had the intent or ability to pay the drinking value, etc., and did not receive food, such as a net country, by deceiving the victim.

(2) At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

(3) The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. In full view of the evidence in the judgment below, the court below recognized that the defendant was provided with alcohol and food equivalent to 13,000 won, such as the net country, etc., and acquired it by fraud, and judged that the defendant was habitual of fraud, as stated in the facts charged, although the defendant did not have the intent or ability to pay the drinking value, etc., and determined that the defendant was habitual of fraud. The court below'

This part of the defendant's assertion is without merit.

B. According to the evidence duly admitted and examined by the court below, the defendant was deemed to have drank alcohol at the time of the crime of this case, but in light of the background of the crime of this case, the method of the crime, and the circumstances after the crime, etc., the defendant had no or weak ability to distinguish things at the time of the crime of this case.

shall not be determined.

The defendant's above assertion also is without merit.

(c)

Considering the fact that the defendant's business was obstructed by the victim's wrongful assertion of sentencing by the defendant and the prosecutor, the defendant was punished for the same crime, and that the defendant committed the crime of this case without being aware of during the probation period, and did not take measures to recover the damage, the defendant's age, sexual conduct, environment, circumstances leading to the crime of this case, and the amount of money acquired.