The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence 1 to 3 shall be confiscated.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had mental and physical weakness due to magnetic disorder, awareness ability at the level of elementary school students.

B. The sentence sentenced by the lower court (short-term one year, long-term one year and six months) is too unreasonable.

2. In light of the reasoning of the Defendant’s appeal ex officio and the record, prior to the judgment on the reasoning of the judgment ex officio, the Defendant was R and was a juvenile as provided in Article 2 of the Juvenile Act at the time the judgment of the court below was rendered, but the Defendant became an adult at the time of the judgment of the court below, so the judgment of the court below that sentenced the Defendant to

On the other hand, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and the above ground for reversal is changed.

3. According to the records on the assertion of mental and physical weakness, the Defendant committed the instant crime under the lack of the ability to discern things or make decisions at the time of committing the instant crime.

Therefore, this part of the defendant's assertion is not accepted.

4. In conclusion, the judgment of the court below is reversed among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the part of the case of the defendant among the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1), 30 (Fraud, Selection of Imprisonment) and 352, 347(1), and 30 of the Criminal Act of the o on the part of each criminal law (an attempted fraud, and Selection of Punishment)

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.