The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant asserting mental and physical disorder has reached a long-standing state of drinking, and was unable to completely memory the situation at the time of committing the instant crime.

Therefore, at the time of committing the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The Defendant alleged unfair sentencing committed the instant crime in a contingent manner while committing the instant crime.

Although the defendant is not memory, he knows the facts charged and acknowledges the mistake.

At the lower court, the Defendant paid the victims KRW 15 million with the agreed deposit, and agreed with the victims.

The father of the defendant entered Korea before 15 years ago and supported his family while working for a day.

The defendant operated a swimming pool exclusively for manufacturing factories and ASEAN in Gwangju, and would promptly return to China as soon as possible to normalize the private business.

The degree of damage of victims is not so big.

Although the defendant has been subject to criminal punishment in the Republic of Korea, he/she is not guilty of a fine for negligence once. The time has come to know while living in prison beyond the tin.

In full view of these circumstances, the punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, it is recognized that the Defendant had drinking alcohol at the time of the instant crime, but did not determine that the Defendant did not have or lacks the ability to make a decision, considering the circumstances leading to the instant crime, the means and method of the crime, and the circumstances after the crime.

B. The circumstances favorable or unfavorable to the defendant regarding the determination of the unfair argument of sentencing and the age, sex, career, family relationship, environment, motive, means and consequence of the crime;