The judgment of the court below is reversed.

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

Summary of Grounds for Appeal

When committing the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

Judgment

According to the records of the judgment on the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime in this case, but in light of various circumstances, such as the process, method and method of the crime in this case, the defendant's speech and behavior before and after the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking, and therefore, the above argument by the

It is an unfavorable circumstance that the Defendant, including the Defendant’s judgment on the assertion of unfair sentencing, has been punished for the crime of the same type ofless taking-out fraud, more than 30 times, that is, the criminal act during the period of repeated crime, that is, the content of the intangible taking-out formula is an excessive drinking from entertainment tavern without payment ability, and that no measures have been taken for the recovery of damage to this court.

However, in full view of the fact that the defendant's mistake is recognized, the number of crimes is only one time, and the amount of fraud is small to 350,000 won, and other various sentencing conditions specified in the argument of this case, such as the circumstances of the crime of this case, the circumstances after the crime, the age of the defendant, the character and conduct environment, etc., the defendant's argument is reasonable. Therefore, the defendant's argument is reasonable.

In conclusion, 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 again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.