The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. Summary of grounds for appeal;

A. The Defendant was suffering from alcohol dependence at the time of the instant crime, and was under the influence of alcohol and was in a state of mental disability.

B. The lower court’s sentencing (fine 1,000,000) is too unlimited and unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced on December 13, 2012 to imprisonment with prison labor for habitual fraud on June 27, 2013 at the Jeju District Court, and the judgment became final and conclusive on June 27, 2013. As such, each of the crimes for which the judgment became final and conclusive and the crime of fraud in the judgment of the lower court are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment, taking into account equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and in this respect, the judgment of the lower court is no longer maintained.

However, the defendant's argument of mental disability is still subject to the judgment of this court, and this is examined.

B. According to the evidence duly admitted and examined by the court below, the defendant was hospitalized in a hospital several times with alcohol dependence and received medical treatment, and in particular, at the Medical Treatment and Custody Center of the Ministry of Justice on April 19, 201, diagnosed with alcohol dependence. Therefore, it is reasonable to deem that the defendant has weak the ability to discern things or make decisions at the time of committing the instant crime. Thus, the court below erred by misapprehending the facts.

3. The judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act without stating unfair sentencing in accordance with the conclusion, and the judgment below is again ruled as follows through pleading.

[C] The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are stated in the first head of the facts constituting a crime as stated in the judgment below. The defendant is stated in the Jeju District Court on December 13, 2012.