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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental suffering suffering from a mental disorder, too much.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. The defendant's assertion of mental disability is recognized as having drinking alcohol at the time of the crime, but it does not seem that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's assertion of mental disability is rejected.
B. Even though there are several criminal records prior to fraud, violence, and obstruction of performance of official duties, the risk of recidivism is likely to arise, and the defendant needs to give severe warning to the defendant.
However, in full view of the following circumstances that are recognized as a comprehensive result of the sentencing review, such as the sentencing investigation in the trial at the trial, i.e., when the defendant committed a mistake, and is detained for not less than five months in this case, and his mistake is divided in depth, the victim D of the crime of fraud and obstruction of business is not much damaged, and the defendant seems to be aware that at least his own ability to refrain from drinking is lost, and the defendant is aware that his parents want to take the defendant's wife's wife and actively encourage the treatment of alcohol dependence; the defendant seems to have been able to lead a social life including workplace life, and the defendant's age, character and behavior, and the conditions of the sentencing as shown in the records are considered to be too harsh.
3. As such, the defendant's argument of mental disability is without merit, but the argument of unfair sentencing is with merit, so the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act