All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In relation to a special injury by mental or physical disorder (defendant), the Defendant was under the mental and physical treatment due to depression, excessive behavioral disorder, etc. at the time, and was under the influence of alcohol in the state of mental and physical disorder, and committed a crime under the condition of mental disorder or mental and physical disorder.

B. The lower court’s punishment (one year of imprisonment, confiscation) against the Defendant is too heavy or unreasonable, respectively.

2. Determination

A. According to the records of this case as to the Defendant’s assertion of mental disorder (related to the point of special injury), it appears that the Defendant used a mental and therapeutic medicine at the time of committing a special injury, and performed drinking at the time of committing the crime.

However, in full view of the circumstances leading to each of the instant crimes, the means and methods of the crime, the circumstances before and after the crime, the attitude and statement immediately after the crime, etc., the Defendant did not have the ability to discern things or make decisions at the time of the crime.

did not appear to have existed in or weak condition.

Therefore, this part of the defendant's assertion is rejected.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing by both parties, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared to the original judgment because new sentencing data was not submitted in the trial. Circumstances alleged by the Defendant and the prosecutor on the grounds of unfair sentencing are already considered to have been reflected in the grounds of sentencing in the lower judgment. In full view of the following circumstances, the lower court’s punishment is too heavy or is too excessive, taking into account the Defendant’s age, character and behavior, environment, health conditions, criminal records, motive, means and consequence of each offense, and other circumstances that form the conditions of sentencing specified in the instant records and pleadings, including the circumstances after each offense.