All appeals by the defendant are dismissed.

1. Summary of grounds for appeal;

A. Summary of the grounds for appeal against the first instance court 1) The instant crime of mental retardation is committed by the Defendant in a state of mental disorder caused by alcohol addiction and depression, etc. 2) The punishment sentenced by the first instance court of unfair sentencing (two years of imprisonment, confiscation (No. 1, etc.) is too unreasonable.

(b) The penalty sentenced by the second instance court on the gist of the grounds of appeal against the second instance (two million won of a fine) is too unreasonable;

2. Two judgments of the lower court were consolidated in the trial but sentenced to imprisonment with prison labor and fines for each term.

The grounds for appeal against each judgment are divided.

A. The judgment of the court of first instance on the claim of mental or physical disability of this case 1) in light of various circumstances, such as the background and means of the crime of this case, the defendant's act before and after the crime (the defendant's act of responding to the scene in advance, preparation of a criminal tool, sale of stolen goods after the crime, etc.) which are acknowledged by the evidence duly adopted and investigated by the court of first instance, it does not seem that the defendant had the ability to discern things or make decisions at the time of the crime of this case. Thus, the rejection of the defendant's claim of mental or physical disability for the same reason is just and there is no violation of law of misunderstanding of facts or misunderstanding of legal principles as to mental or physical disability since the defendant's decision on the claim of unfair sentencing is difficult to maintain his livelihood after the release, and the defendant's mistake is divided, and it is contrary to the defendant's favorable to the defendant.

However, the crime of this case was committed under a fatal plan, such as responding to the place where the crime was committed and preparing the criminal tools, while the defendant committed the crime of this case was established at the construction site.