A. Defendant 1) The Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime due to lack of recognition capacity.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. According to the record on the assertion of mental disorder, the Defendant committed the instant crime in a state that the Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime.

Since the defendant's mental and physical disability is not recognized, it shall not be accepted.

B. We examine both the Defendant and the Prosecutor’s wrongful assertion of sentencing.

In full view of the circumstances that the court below rendered on the grounds of sentencing (a number of identical criminal records, recidivism during the suspension of execution period, degree of damage) and all the sentencing conditions in the records and arguments of this case, it is deemed that the sentence imposed by the court below is appropriate, and it is too heavy or too unreasonable.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.