A. At the time of committing the instant crime, the Defendant had a mental and physical weak condition due to the name of the symptoms, which are symptoms of mental and physical illness.

B. The punishment sentenced by the court below (10 months of imprisonment) is too heavy or (10 months of imprisonment) and (2) unhutiled.

2. Determination

A. The record on the assertion of mental disorder reveals that the Defendant committed the instant crime under the lack of the ability to discern things or make decisions at the time of committing the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. The court below committed the instant crime during the period of the suspended sentence after being sentenced to 8 months of imprisonment with prison labor due to special assault, etc., 2 years of suspended sentence, and sentenced to 2 years of suspended sentence, and committed the instant crime during the period of the suspended sentence, other than that, there are many identical criminal offenders, so-called the so-called crime, and the injury to the injured party is not recovered. In full view of all favorable circumstances, including the records and arguments of this case including the effect of the suspended sentence, and the fact that the sentence is executed together for 8 months of imprisonment with prison labor, and the degree of injury to the injured party is relatively heavy, and the sentence imposed by the court below is deemed appropriate, and it does not seem that the sentence imposed by the defendant is too heavy or unreasonable. Thus, the defendant and the prosecutor's improper assertion of the sentencing is also groundless.

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.