All appeals by the prosecutor and the defendant are dismissed.

1. The court below's scope of trial in this Court dismissed the prosecution of assault against the defendant among the facts charged, and sentenced him to the remainder of the facts charged.

Since the prosecutor and the defendant appealed against the conviction part of the judgment below for the reason of improper sentencing and did not appeal both the prosecutor and the defendant with respect to the dismissal part of the prosecution, the dismissal part of the judgment below becomes final and conclusive separately, and only the remaining guilty part is subject to the judgment of this court

2. Summary of grounds for appeal;

A. The sentence sentenced by the prosecutor (one year and four months of imprisonment) is too unhued and unfair.

B. Defendant 1) Although the Defendant was in a state of mental or physical weakness or loss by taking advantage of 2015 high group 2486, which was decided in the lower judgment at the time of committing the crime, the lower court’s judgment that did not reduce the punishment or not guilty, erred by misapprehending the legal doctrine on mental or physical disorder, thereby adversely affecting the conclusion

2) The above sentence sentenced by the lower court is too unreasonable.

3. Determination

A. In full view of the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical argument, the lower court was aware that the Defendant was under the influence of alcohol at the time of committing an offense as set forth in the above 2015 high group 2486, but did not have the ability to discern things or make decisions, or did not have the ability to change things or make decisions.

the defendant was in a state of mental disorder at the time.

However, the judgment below rejected the defendant's assertion on the ground that the defendant's mental and physical loss or reduction of mental and physical weakness cannot be made on the ground that the defendant's act constitutes a free act in so-called cause under Article 10 (3) of the Criminal Act, although predicting the risk that the defendant may work under the influence of alcohol and drinking, constitutes a mental and physical disorder. Therefore, the defendant's mental and physical argument is without merit.

(b)each of the defendants by prosecutors;