The judgment below

The remainder of the compensation order, excluding the part concerning the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for eight months.

1. Summary of grounds for appeal;

(a) An offense is committed with mental or physical disorder suffering for a long time under the lack of ability to discern things or make decisions due to the editorial colonies;

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental and physical weakness, the Defendant, at the time of committing the instant crime, was physically and mentally weak at the time of editing.

However, considering all the circumstances, such as the Defendant’s speech and behavior at the time of the instant crime, the victim’s statement, etc., it cannot be seen that the Defendant lacks the ability to discern things or make decisions at the time of the instant crime, and thus, the Defendant’s above assertion by the Defendant is rejected.

B. As to the wrongful assertion of sentencing, the fact that the defendant has been punished twice for the same crime, and that he/she did not repay damage or agree with the victims is disadvantageous to the defendant.

However, the defendant's injury is not well-beingd due to early illness, and there is a mistake of the victims that the defendant was paid.

In light of the circumstances favorable to the defendant, such as the defendant's age, sex, health conditions, environment, motive, circumstance, means and consequence of the crime, etc., the defendant's punishment sentenced by the court below is too unfair, considering the following circumstances: (a) the defendant could not conclude a contract again due to the instant officetel; and (b) the defendant was committed the instant crime during the period during which the medical treatment was discontinued; and (c) the defendant began to receive a medical treatment again after the early arrival; and (d) other conditions of punishment as shown in the instant records and arguments, such as the defendant's age, sex, health conditions, environment, motive and circumstance of the crime, means and consequence of the crime.

3. As such, the defendant's appeal is with merit, and the judgment below is reversed and the pleading is made in accordance with Article 364 (6) of the Criminal Procedure Act.