The defendant and prosecutor's appeal are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant committed each of the instant crimes under the weak mental and physical conditions, such as depression, etc., and having weak mental and physical health conditions. (2) The sentence sentenced by the lower court of unfair sentencing (one year and two months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. According to the records on the determination of the claim of mental disability, the defendant was hospitalized and treated as a drug due to the depression, diverosis, diver disorder, etc. whose detailed details are unknown in the spirit from 2000 to 2019, and the fact that he/she had alcohold at the time of the crime among each of the crimes of this case can be acknowledged.

However, in light of the background leading up to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, it cannot be deemed that the Defendant had weak ability to discern things or make decisions due to mental or physical disorder at the time of the instant crime.

Unlike this premise, even if it is assumed that the defendant committed each of the crimes of this case under the influence of alcohol and lacks the ability to discern things or make decisions, the defendant, despite having been punished several times under the influence of alcohol, is again committed the crime of this case under the influence of alcohol and lacks the ability to discern things or make decisions due to the influence of alcohol. Thus, the defendant predicted the occurrence of danger and caused the state of mental disorder as a person, and thus, Article 10(2) of the Criminal Act concerning mental and physical disability cannot be applied.

(Article 10 (3) of the Criminal Act). The defendant's assertion of mental disability is without merit.

B. The Defendant alleged that the Defendant was receiving medical treatment due to depression, etc., and the Defendant did not reach a state of mental disability.

Even if the above disease was affected by each of the instant crimes, it seems that the disease affected the conclusion of each of the instant crimes.