A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness due to uneasiness at the time of committing the instant crime.

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Determination

A. In full view of all the circumstances indicated in the record, such as the background, means and method of the instant crime, and the Defendant’s act before and after the instant crime, the Defendant had no or weak ability to discern things or make decisions due to unstable disorder, etc. at the time of the instant crime.

It does not seem that it does not appear.

B. In light of the determination of the illegality of sentencing, and the various conditions of sentencing as shown in the instant records and arguments, even when considering the circumstances alleged by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or too unfasible, and thus, cannot be deemed unfair.

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.