All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

(F) The punishment of the lower court (two months of imprisonment) is too unreasonable.

The prosecutor (e.g., e., e., e., g., e., e., t

Judgment

The defendant and prosecutor's arguments on unreasonable sentencing are also examined.

The court below sentenced the Defendant to the punishment in consideration of the fact that the Defendant had been sentenced 19 times to the same crime, and the Defendant committed the instant crime since four months have not passed since the release. However, in determining the specific punishment, the court below considered the following: (a) the Defendant was hospitalized in a mental hospital and made efforts to treat drug addiction; (b) the Defendant did not have any special harm to others; and (c) the Defendant made efforts to treat drug addiction more.

In comparison with the evidence, a thorough examination of the reasons for sentencing decided by the court below shall be conducted, and in particular, with regard to the prosecutor’s appeal, the fact that the crime of this case was committed only once, and considering the defendant’s age, environment, circumstances leading up to the crime, means, and circumstances after the crime, it cannot be deemed that the court below sentenced excessive and severe punishment by deviating from the discretion of sentencing.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.