Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The sentence of the lower court (an amount of KRW 5 million) against an unfair defendant in sentencing is too unreasonable.

2) 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.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of each of the crimes in this case, considering the circumstances, process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant had no or weak ability to discern things, and therefore, the defendant's mental and physical disorder argument is without merit.

B. Although the fact that the defendant committed a contingent crime under the influence of alcohol, all criminal facts are recognized and reflected, the economic situation of the defendant is difficult and there is no criminal record other than a fine, etc. on the other hand, it is recognized that there are no criminal records other than a fine. Meanwhile, in full view of the various circumstances, including the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the defendant and the prosecutor's assertion on each of the grounds that the defendant and the prosecutor do not seem to be undue or unfair since they are excessively heavy or unfilled.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.