A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness under the influence of alcohol.

B. The punishment sentenced by the court below (10 months of imprisonment) is too heavy or (the defendant) and (the prosecutor).

2. Determination

A. As to the assertion of mental disorder, the court below rejected the above assertion in light of the purport that the defendant had a mental or physical loss or mental weakness under the influence of alcohol, and the court below stated that the defendant was in a state of mental or physical weakness under the title “the judgment on the defendant’s argument.” If we compare the above judgment of the court below with the record, the judgment of the court below is just and acceptable (the judgment of the court below was in a state

It is difficult to see that there is an error as pointed out by the defendant).

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. As to the unfair argument of sentencing, in full view of the circumstances favorable to the defendant (such as the low recognition function and health condition) and unfavorable circumstances (i.e., recidivism before and after a series of meetings and repeated crimes period), the degree of damage to this case, and all of the sentencing conditions shown in the records and arguments of this case, including the fact that there is no change in specific circumstances after the original judgment, the sentence imposed by the court below is deemed appropriate, and it is deemed unfair because it is too heavy or too harsh, and thus, it does not seem unfair. Thus, there is no reason to believe that the sentencing of the defendant and the prosecutor is unfair.

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