All appeals filed by the defendant and prosecutor are dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment is too unreasonable, and thus the prosecutor appealeds from each of the grounds that the lower court’s punishment is too uneasible and unreasonable.

2. Determination

A. The Defendant asserts as an element of sentencing that he met at the time of committing the instant crime.

According to the evidence duly admitted and examined by the court below, although the defendant was found to have served alcohol at the time of the crime of this case, it was found that the defendant had no ability to discern things or make decisions.

It does not seem that there was any or weak state.

Therefore, the defendant's drinking condition at the time of the instant case shall be considered as an element of sentencing.

B. The fact that the defendant agreed with the victim and the victim submitted a written application that the defendant does not want the punishment in the trial, and the fact that the defendant voluntarily surrenders to the defendant is favorable to the defendant.

The defendant is a female victim who was living alone in a house, who is a dangerous object after taking the defendant into account the female victim who was living alone.

The following are the circumstances that are disadvantageous to the defendant: (a) the method of crime and the nature of the crime are poor, such as prices of non-discrimination in food; (b) the victim suffered a considerable injury due to the crime in this case; and (c) the victim seems to have suffered a considerable mental impulse.

In light of the above, comprehensively taking into account the Defendant’s age, character and conduct, family environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.