A. At the time of committing the instant crime, the Defendant was physically and mentally weak, who lacks the ability to discern things or make decisions due to the shock disorder and main behavior, etc.

2) The punishment of the lower court is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. Determination

A. As stated in the lower court’s determination on the Defendant’s assertion of mental and physical weakness, the Defendant was in a state of lacking the ability to discern things or make decisions solely on the ground that the Defendant was under the influence of alcohol at the time of committing the instant crime, or was under treatment of mental health department due to symptoms, such as ineass and insurgicals, etc.

It is difficult to see it.

Therefore, there is an error of misapprehending the legal principles on the judgment below that did not recognize mental and physical weakness against the defendant.

shall not be deemed to exist.

B. There is no change in the judgment of the court below regarding the wrongful argument of sentencing between both parties.

In full view of all the circumstances described in the reasons for sentencing and all other conditions of sentencing indicated in the record, the sentence imposed by the court below against the defendant is too heavy or minor as it is determined within the scope of the court’s discretion for sentencing.

shall not be deemed to exist.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.