The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. In light of the summary of the grounds for appeal (unfair sentencing) that the defendant recognized the instant crime and reflected in the instant crime, the sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant did not pay the price of the alcoholic beverage and the alcoholic beverage at the restaurant and the main place of the place of the restaurant, and the crime of this case is not good for the crime to be committed by defraudation, and that the defendant has been punished for the same crime several times.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the amount of defraudation is a small amount; (c) the Defendant agreed with the victim D in the trial of a party; and (d) the Defendant’s age, sex, environment, family relationship, family environment, circumstances after the commission of the instant crime; and (b) the various sentencing conditions specified in the record and the previous theory, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the above assertion by the Defendant is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Comprehensively taking into account various sentencing conditions prior to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, the punishment shall be determined as per the order.