The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had a physical and mental weak state due to the physical and mental disorder (i.e., bipolartic disorder), comic symptoms with existing mental disorder, and symptoms based on alcohol dependence.

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant appears to have a weak ability to discern things or make decisions due to the stimulative disorder (defluence), stimulative symptoms with existing mental disorder, stimulative symptoms with alcohol dependence, etc. at the time of each of the instant crimes.

This part of the defendant's argument is justified.

3. If so, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

[Re-written judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the first head of the judgment below's criminal facts "A is in no position."

“The Defendant committed each of the following crimes under the lack of the ability to discern things or make decisions due to the stimulative disorder (stimulative disorder), evidence with existing mental symptoms, and symptoms based on alcohol dependence, etc.

“In addition to the appeal,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act (a point of attempted fraud) and the selection of fines for criminal facts;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.