All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of the instant crime, was in a state of mental disability due to depression and bipolar disorder at the time of the instant crime. (2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

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

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the claim of mental disability, the fact that the Defendant received pain and hospitalized treatment from the Defendant after receiving the diagnosis of depression and bipolar disorder around 2010 to the present time. However, in light of the background, method and method of the instant crime, the Defendant’s behavior before and after the instant crime, circumstances after the instant crime, etc., it cannot be deemed that the Defendant committed the instant crime under the condition that the Defendant had the ability to discern things or make decisions due to mental or physical disorder.

Therefore, the defendant's argument of mental disability is without merit.

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

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant has long been suffering from mental illness of depression and bipolarlytic disorder for a long time, reflects the instant crime, and is in a state of health conditions due to urology, etc.

The circumstances, etc. (the grounds for appeal by the defendant) are already reflected in the sentencing of the lower court, and there is no change in the sentencing conditions compared with the lower court on the grounds that new sentencing materials have not been submitted at the trial.

In addition, the circumstances and results of the crime of this case, the defendant's age, character and behavior, environment, etc. after the crime of this case, and the sentencing indicated in the proceedings and records.