All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The punishment of the court below (six months of imprisonment) is too unreasonable.

The prosecutor defendant did not lack the ability to discern things or make decisions at the time of committing the instant crime.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

Judgment

In full view of the following circumstances that can be recognized by the records of misunderstanding of facts (public prosecutor), namely, ① the Defendant was treated as sulves and mental fissions at the E Hospital located in Suwon-gu, Suwon-si on September 17, 2019, immediately before the instant crime; ② the motive and method of the instant crime; ③ the Defendant’s statement at an investigative agency; ④ the Defendant’s statement at an investigative agency; ④ the details of the Defendant’s past crime, etc., the Defendant was in a state that he lacks the ability to discern things or make decisions due to depression, mental fissionsis, etc. at the time of the instant crime; thus, the Prosecutor’

The Criminal Procedure Act, which takes the principle of trial-oriented and directness of unfair sentencing, has its own territory of the first instance court with respect to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion

(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 as stated by the lower court, it cannot be deemed that the lower court’s sentencing is too heavy or is so fluent that it exceeded the reasonable scope of discretion.

This part of the defendant and prosecutor's assertion 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.