Defendant

All appeals by prosecutors are dismissed.

1. The lower court rendered a judgment of dismissal of prosecution as to the assault and insult among the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of the facts charged.

As the defendant and the prosecutor appealed against the conviction part of the judgment below, the dismissal part as above is separated and finalized as it is after the lapse of the appeal period, and is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. (1) At the time of the instant case, the Defendant was in a state of mental or physical disability.

B. The sentence of the court below (five months of imprisonment) is too unreasonable.

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

3. Determination

A. According to the records as to the defendant's mental suffering claim in this case, it is recognized that the defendant was in a drunken state at the time of the crime in this case, but in light of the contents of each crime in this case, the circumstances leading to the crime, the means and methods of the crime, the circumstances before and after the crime, etc., the defendant did not have the ability to discern things or make decisions at the time of each crime

Since it seems that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court on the assertion of unfair sentencing by the defendant and prosecutor, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared to the lower court’s judgment, and comprehensively considering the factors revealed in the proceedings of the instant case’s pleadings, the lower court’s sentencing does not seem to have been too weak or unreasonable, thereby exceeding the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument is without merit.

4. The appeal filed by the Defendant and the Prosecutor is with merit.