A. Defendant 1) The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental or physical weakness or loss.

2) The punishment sentenced by the lower court (one year of imprisonment) is excessively unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the grounds for appeal

A. According to the records on the assertion of mental disorder, even though the defendant was in a drunken state at the time of the crime of this case, considering the background of the crime of this case, the method of the crime of this case, the defendant's behavior before and after the crime of this case, etc., it cannot be seen that the defendant had no or weak ability to discern things, so the defendant's mental and physical disability argument is without merit.

B. It is desirable to refrain from rendering a judgment of the first instance court by destroying the judgment of the first instance court solely on the ground that the sentencing of the first instance does not change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and that the sentencing of the first instance does not deviate from the reasonable scope of discretion, while the sentence of the first instance is within the reasonable scope of discretion, even though the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, in light of the foregoing, the lower court determined a punishment within a reasonable scope by sufficiently considering the overall circumstances concerning the sentencing of the Defendant, and there is no change in the conditions of sentencing when compared with the lower court’s judgment, and thus, it is reasonable to respect the sentencing of

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. The appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.