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

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical disability claim, the Defendant was physically and mentally weak or physically deprived due to drinking at the time of committing the instant crime, and the means and method of committing the instant crime, and the circumstances after committing the instant crime.

It is difficult to see it.

Therefore, the above argument is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court with respect to the unfair argument of sentencing by the defendant and the prosecutor, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following circumstances, the lower court determined the sentence by taking into account various circumstances as indicated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too heavy or is so unfluent that the lower court exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.