The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

Judgment

According to the records as to the Defendant’s mental and physical weakness, even though the Defendant was aware of drinking at the time of committing the instant crime, in light of the background leading up to the instant crime, the content of the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, etc., the Defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of committing the instant crime.

It does not seem that it does not appear.

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

With respect to the wrongful argument of sentencing by the Defendant and the Prosecutor, the lower court does not recognize that the sentence imposed by the Defendant is too heavy or unreasonable, in light of the overall conditions of the pleadings and the records of the instant case, including the unfavorable circumstances, favorable circumstances, the Defendant’s age character and character environment including the favorable circumstances, the motive and means of crime, and the circumstances after the crime.

This part of the argument by the defendant and the prosecutor is without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.