A. Defendant 1) The Defendant was physically and mentally weak at the time of committing each of the instant crimes.

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. In full view of the background and process of the crime, the means and method of the crime, the behavior of the defendant before and after the crime, etc. revealed by the evidence duly adopted and examined by the court below regarding the defendant's mental and physical weakness, the defendant was in a state that he had the ability to discern things or make decisions due to liverness or depression at the time of committing each of the crimes in this case.

shall not be deemed to exist.

The defendant's mental and physical weak argument is rejected.

3. We examine both the defendant and the prosecutor’s respective arguments regarding the unfair sentencing of each of the defendant and the prosecutor’s respective arguments.

In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence of the lower court by taking into account the following favorable circumstances: (a) the Defendant committed each of the instant crimes without being aware of the history of criminal punishment for the same kind of crime; (b) the Defendant’s insultd the victim E and obstructed the convenience store business of the victim; (c) the Defendant obstructed the performance of official duties by assaulting the police officer; (d) the Defendant recognized each of the instant crimes; and (e) the degree of assault on the crime interfering with the performance of official duties of the instant case is relatively insignificant.

The court below determined a sentence in consideration of all the above circumstances, and the sentence of the court below shall be imposed differently in the first instance.