All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the fact about mental and physical weakness or misunderstanding of the legal principles is an intelligent index 54, a person with severe disability at the age of seven years with ability to adapt to society. Accordingly, even though the instant crime was committed, the lower court did not reduce the physical and mental weakness, the lower court erred by misapprehending the legal principles, or by misapprehending the legal principles.

2) The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence that is too uneasible to the prosecutor (unlawful in sentencing) is unreasonable.

2. Determination

A. It is recognized that the defendant was registered as a "person with severe disability" at the time of committing the instant crime after being diagnosed as a "person with severe disability" as to the defendant's mental and physical weakness in 2004.

However, the medical specialist of the department of mental health of the department of the department of the department of the medical care and custody who has appraised the defendant in the trial of the court is keeping the judgment ability of the defendant about the general social norms, and understanding, recognizing and meeting the situation of this case.

“For the reasons delineated, the Defendant presented his opinion that the instant crime was in a relatively sound state with the physical and mental capacity at the time of the instant crime.

In this Court, the Defendant made a statement in accordance with the intent of each of the individual litigation procedures, with the understanding of his position in this Court.

In full view of these opinions of appraisal and the statement of the defendant, it was found that the defendant was not in a state of mental and physical weakness at the time of the crime of this case.

Therefore, the judgment of the court below which did not reduce the physical and mental weakness does not err by misunderstanding the facts or by misapprehending the legal principles as alleged by the defendant.

The above assertion by the defendant is without merit.

(b) the defendant and the prosecutor;