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

2) The sentence sentenced by the lower court is too unreasonable.

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

2. Determination

A. According to the records of judgment on the Defendant’s mental disorder argument, the Defendant appears to have drinking at the time of committing the instant crime.

However, in light of the circumstances leading to the crime, the means and methods of the crime, the circumstances before and after the crime, etc., the defendant had no or weak ability to discern things or make decisions at the time of the crime.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing by the defendant and the prosecutor.

In light of all the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is unreasonable or unreasonable, even if it is deemed that the Defendant and the Prosecutor were to have imposed heavy punishment on the grounds of appeal.

We do not accept the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, all appeals filed by the defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.