The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was physically and mentally in a state of mental disorder due to the toxic brain disease, major depression disorder, alcohol dependence, etc.

B. The sentence of the lower court (one year and eight months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mental and physical weakness, the Defendant suffered from brain cerebrovascular disease from around April 2013 to the present day, and was judged as having been judged as having a second degree of disability due to cerebral disease around August 2015. On February 2016, it can be recognized that the Defendant was receiving treatment due to symptoms, such as climatic brain disease, major depression disorder, alcohol dependence, etc. In particular, according to the written response for appraisal commission (Article 1), the Defendant was “morical disorder, alcohol use disorder,” and such disorder was deemed to lack the ability to distinguish things or make decisions due to the lack of decision-making ability at the time of each of the instant crimes, and in light of various circumstances, such as the background, method, method of each of the instant crimes, and the Defendant’s behavior before and after each of the instant crimes.

may be seen.

Therefore, the defendant's argument of mental and physical weakness is with merit.

B. As to the wrongful assertion of sentencing, the crime of this case is committed against the defendant, such as the defendant's loss of the victims or convenience, the card that the victims stolen from the victims, and the defendant's arbitrary signature and settlement on the sales pre-sale slip, and the delivery or attempted delivery of the goods equivalent to KRW 14 million after which the defendant arbitrarily signed and settled on the sales pre-sale slip. In light of the frequency and period of the crime, and the amount of fraud, there is no liability for the crime, and the defendant did not make any effort to recover the victims' damage, and the defendant committed the crime of this case during the period of repeated crime.