A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to the shock disorder of evidence, etc.

The punishment of the court below (limited to six months of imprisonment and fine of 3,00,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the record of the judgment on the Defendant’s claim of mental retardation, the Defendant’s hospitalization at S Hospital from December 28, 2018 to February 26, 2019 is acknowledged to have been given medical treatment due to symptoms, such as habiting and shock disorder, but in light of the circumstances leading up to the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc., it is not deemed that the Defendant had weak ability to discern things or make decisions due to shock disorder, such as gambling addiction, etc., at the time of each of the instant crimes.

B. The Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle on the argument of unfair sentencing by the defendant and prosecutor, should respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing revealed in the proceedings of the instant case, it cannot be deemed that the lower court’s sentencing is too heavy, or exceeded the reasonable scope of discretion, due to the lack of a new sentencing materials.

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.