All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor of one year and two months and by a fine of one million won.

The defendant above.

1. Summary of grounds for appeal;

A. The Defendant alleged mental and physical weakness in the lower judgment on the first instance judgment was in a state of mental and physical weakness due to the existence of alcohol and alcohol alcohol as at the time of each of the crimes in this part.

B. The Defendant alleged the misunderstanding of the facts of the judgment of the second instance as to the judgment of the court below was entitled to pay KRW 600,000 in cash at the time of the instant case, starting a drinking and ordered a drinking in a drinking condition, but there was no intention to commit fraud.

(c)

The punishment of each court of the court below (the first instance court: imprisonment with prison labor for one year and two months, fines for KRW 600,000, and fines for KRW 2: 100,000) against the defendant who alleged unfair sentencing against the judgment of the court of first and second instances is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed an appeal respectively, and the court decided to concurrently examine the above two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and second judgment cannot be maintained as it is.

However, the defendant's mental and physical weakness and misunderstanding of facts still are subject to the judgment of this court, despite the above reasons for reversal of authority.

3. Judgment on the defendant's assertion

A. According to the records of the judgment of the court below as to the allegation of mental and physical weakness of the first instance judgment, the Defendant was deemed to have drunked at the time of each of the crimes in this part, but in light of the Defendant’s ordinary drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant was in the state of lacking ability to discern things or make decisions due to drinking at the time of the crime in question.

Therefore, the defendant's above assertion is rejected.

B. The second instance judgment on the assertion of mistake of facts as to the judgment of the court below is legitimate.