A. The punishment of the court below (one year of imprisonment) is too unreasonable.

The Defendant stated in the grounds of appeal that the part of “Habitual” of the crime of violating the Punishment of Violences, etc. Act (Habitual Destruction and Damage, etc.) is erroneous. However, according to Article 5 of the Rules on the Punishment of Violences, etc. Act, the indication of the name of the crime under Article 2(3) of the Punishment of Violences, etc. Act is “violation of the Punishment of Violences, etc. Act (Habitual Destruction and Damage, etc.)” and the above assertion is without merit.

B. Prosecutor 1) The lower court erred by misapprehending the legal principle that the lower court made a reduction of mental or physical disability to the Defendant by misapprehending the legal principle, which affected the conclusion of the judgment, and the prosecutor asserts, as the grounds for appeal, that the lower court’s reduction of mental or physical disability against the Defendant in its content is unlawful. As such, the lower court erred by misapprehending the legal principle as to mental or physical disability and the grounds for appeal. 2) The lower court’s sentence of unfair sentencing is too unjustifiable and unreasonable.

2. Determination

A. 1) Examining the record of this case in comparison with the judgment of the court below, closely, the judgment below which judged that the defendant committed the crime of this case in a state that the defendant lacks the ability to discern things or make decisions due to diseases such as bipolartic disorder and alcohol dependence, is just and acceptable, and there is no error as alleged by the prosecutor. 2) Therefore, the prosecutor’s allegation of the above misapprehension of legal principles is without merit.

B. Determination on the assertion of unfair sentencing by the Defendant and the prosecutor 1) The Defendant has a history of criminal punishment (six times in actual punishment) for violent crimes and fraud crimes, and in particular, the Defendant was sentenced to three imprisonment for a violation of the Punishment of Violences, etc. Act, and was sentenced to three times during the period of repeated crimes.