All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) At the time of committing the instant crime with mental disorder, the Defendant was in the absence or weak state of the ability to discern things or make decisions by committing the instant crime with mental disorder.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of a fine) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental disorder argument, the defendant is deemed to have a certain degree of drinking alcohol at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions.

It cannot be seen that the state has reached a weak or weak state.

Therefore, the defendant's mental disorder cannot be accepted.

B. In full view of the circumstances favorable to the Defendant and the prosecutor’s assertion of unfair sentencing, namely, the attitude of recognizing and opposing the Defendant’s mistake, the primary offender without any criminal power, the circumstances unfavorable to the Defendant, the desire to arrest a flagrant offender, and the content of the instant crime by actively exercising violence, and the motive, means and result leading up to the instant crime, the circumstances after the crime, the Defendant’s age, character and behavior, environment, etc., and all other circumstances where there is no change in the conditions of sentencing compared with the lower court’s judgment, it is not recognized that the lower court’s sentencing was too heavy or unfeased and exceeded the reasonable scope of discretion.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.