The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was physically and mentally deprived or physically weak at the time of committing the crime.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.

2. Determination:

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the support of Suwon Friwon, etc. on November 11, 2015, and on March 22, 2016, recognized the fact that the said judgment became final and conclusive.

Since each of the crimes of this case and the crime of fraud, etc. against which the defendant's judgment has become final and conclusive, the punishment should be determined after examining whether to reduce or exempt the punishment in consideration of equity in cases where the punishment is concurrently determined pursuant to the main sentence of Article 39 (1) of the Criminal Act in relation to concurrent crimes after the latter part of

In this respect, the judgment of the court below cannot be maintained as it is.

However, the defendant's argument about mental disorder is still subject to the judgment of this court despite the above reasons for reversal of authority.

B. In light of the background leading up to the instant crime, method of the crime, the Defendant’s act before and after the commission of the crime, the circumstances after the commission of the crime, etc., which can be acknowledged by the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant did not have any ability to discern things or make decisions due to alcohol at the time of the instant crime, or did not have any ability to do so.

Therefore, the defendant's assertion is without merit.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the evidence is the facts charged by the defendant and the summary of the evidence recognized by the court.