All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. Prosecutor 1) The lower court erred by misapprehending the legal doctrine on mitigation of mental and physical weakness, which the Defendant was in a state of intellectual disability in the longitude.

In full view of the mental appraisal result of the judgment and the defendant's behavior before and after the crime, etc., the defendant was physically and mentally weak at the time of

However, in light of the various forms of each of the instant crimes, the Defendant committed each of the instant crimes in a state of mental and physical weakness, in view of the background and means of the crime, the Defendant’s act before and after the crime, etc.

It is difficult to recognize it.

Therefore, the court below erred by misapprehending the legal principles on mitigation of mental and physical weakness.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. Determination as to the assertion of misunderstanding the legal principles on mitigation of mental and physical weakness is a legal issue that the court should judge in light of the purpose, etc. of the penal system. However, the court does not necessarily necessarily belong to its opinion, but should decide whether a specialized appraiser has a mental and physical disorder independently by taking into account not only the result of the appraisal but also all the records, such as the background of the crime, means, and the actions of the defendant before and after the crime (see Supreme Court Decision 94Do3163, Feb. 24, 1995). In full view of all the following circumstances recognized by the evidence duly adopted and investigated by the court below, the defendant was in a state that the defendant lacks the ability to discern things or make decisions at the time of each crime of this case.

may be appointed by a person.

Therefore, this part of the prosecutor's argument is without merit.

1) The mental sentiment of the court below is abstract to the defendant due to the defendant's mental retardation (I Q 53), the unstable personality disorder, and impulse-type mental disorder.