A. Defendant 1) The Defendant, under the influence of alcohol, committed the instant crime under the condition of physical and mental loss or mental weakness.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. Prosecutor: The sentence sentenced by the lower court is too unfortunate and unfair.

2. Determination

A. As to the Defendant’s mental and physical assertion, it is recognized that the Defendant had drinking alcohol at the time of committing the instant crime, but in light of the background and result of the instant case, the Defendant’s behavior before and after committing the instant crime cannot be deemed that the Defendant had no or weak ability to discern things or make decisions.

This part of the defendant's assertion is without merit.

B. As to each of the unlawful claims by the Defendant and the Prosecutor, the lower court appears to have determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no new change in circumstances that could change the sentencing of the lower court in the trial. Therefore, even considering the circumstances asserted by the Defendant and the Prosecutor on the grounds of each appeal, the lower court’s punishment is too heavy or unreasonable.

This part of the 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.