The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. Summary of grounds for appeal;

A. Although the Defendant was physically and mentally deprived or physically weak at the time of committing each of the instant crimes, the lower court neglected this.

B. The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

2. We examine ex officio the reasons for ex officio appeal prior to the determination of the reasons for appeal.

On December 7, 2017, the fact that the defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court on December 7, 2017 and the above judgment became final and conclusive on August 1, 2018 is recognized by the records of this case or is significant in this court.

As above, the crime of fraud for which judgment has already become final and conclusive and the crime of this case is in the relation of concurrent crimes by the latter part of Article 37 of the Criminal Act, after examining whether to reduce or exempt punishment in consideration of equity with the case where judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act,

In this respect, the judgment of the court below can no longer be maintained.

However, despite the above reasons for reversal of authority, the defendant's mental and physical disorder is still subject to the judgment of this court, and according to the records of this case, it is recognized that the defendant had a drinking condition at the time of each of the crimes of this case, but in light of the circumstances of the crime, means, circumstances after the crime, etc., the defendant had no or weak ability to discern things or make decisions due to drinking at the time of the crime of this case.

It does not seem that it does not appear.

Therefore, the defendant's mental disorder is without merit.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of evidence are the facts constituting an offense in the original judgment [the records of an offense].