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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The mental and physical weakness and the sentencing of the defendant (2 years of imprisonment with prison labor for the court below, and confiscation)
B. Prosecutor’s sentencing and warning
2. Determination
A. According to the records on the Defendant’s assertion of mental and physical weakness, the Defendant was found to have received a mental diagnosis and treatment due to the following: (a) although it is recognized that the Defendant had suffered from the mental disorder due to the depression of the past, alcohol, etc.; (b) in light of the details and methods of the instant crime, the details and attitudes of the Defendant’s statement, etc., there was an obstacle to the Defendant’s right change or decision-making capacity
shall not be deemed to exist.
Therefore, this part of the defendant's assertion is rejected.
B. We examine the judgment of both parties on the unfair argument of sentencing, the defendant led to the confession of each of the crimes in this case, and appears to have committed a crime somewhat contingent, and the fact that there was no record of punishment as punishment in the past is favorable to the defendant.
On the other hand, in light of the circumstances and methods of each of the crimes of this case, the defendant did not receive a letter of request from the victim until the trial of the party, and the damage was not recovered in relation to each of the crimes of this case, and there was a record of punishment several times due to violence in the past, etc. are disadvantageous to the defendant.
In addition, comprehensively taking account of the conditions of sentencing prescribed in Article 51 of the Criminal Act, the court below's determination of punishment is acceptable, and there is no reason that both parties assert it.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.