The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was suffering from illness such as mental fissiona and alcohol gymosis at the time of committing the instant crime, and was in a state of mental suffering by drinking.

In light of this, the judgment of the court below which did not reduce punishment is erroneous in the misunderstanding of legal principles as to mental disability.

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

2. Determination

A. In full view of all circumstances such as the evidence duly adopted and examined in the lower court’s judgment as to the claim of mental disability and the process leading up to the instant crime, the means and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the Defendant suffered from mental illness such as mental fission certificate and alcohol, etc. at the time when the Defendant committed the crime. However, it cannot be said that the Defendant had a weak ability to discern things or make decisions.

In addition, the Defendant alleged to the effect that he was under the influence of alcohol at the time of committing the instant crime, but according to the content of the statement made by the investigative agency of the victims, it is not deemed that at least at the time when the Defendant conducts the alcohol, he had the ability to discern things or make decisions.

Therefore, the defendant's argument of mental disability is without merit.

B. As to the assertion on unfair sentencing, the Defendant appears to have suffered from illness, such as the existence of ordinary alcohol, etc., is a favorable condition for the Defendant.

However, the Defendant committed the instant crime even though he/she had been sentenced to several punishments or fines due to the same crime of fraud, and in particular, the Defendant is sentenced to imprisonment with prison labor for one year and six months on March 9, 2012, and constitutes a repeated crime upon termination of the execution of the sentence.