The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability under the influence of brain-disease disorder and alcohol.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, means, and method of the instant crime, and the conduct before and after the instant crime was committed, etc., which were acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant had a brain disease disorder at the time of the instant crime, and had drinking alcohol.

Even if so, it does not seem that there was a lack of ability to discern things or make decisions.

Therefore, the defendant's mental disorder is without merit.

B. The thief and fraud of this case regarding the assertion of unreasonable sentencing are the circumstances unfavorable to the Defendant, such as the following: (a) the nature of the crime was extremely poor due to the repeated crime committed since the Defendant was released from prison, and the Defendant appears not to have made any effort to recover from damage caused by the instant crime; and (b) the Defendant has been punished several times for the same crime.

However, in full view of the fact that the defendant's time to commit the crime of this case and reflects the defendant, the damage caused by the crime of this case was recovered from the victimJ, the victim C and F expressed the defendant's intention not to punish the defendant before the trial, the defendant does not want the defendant's punishment any longer by mutual consent with L of the victim, and other various sentencing conditions such as the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable.

3. Accordingly, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and it is subject to pleading