All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to depression, apprehension, etc.

2) The sentence of the lower court (two years, six months, and confiscation) that is unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. According to the records on the Defendant’s assertion of mental and physical disorder, although the Defendant was found to have received a diagnosis of adaptability disorder at the time of committing the instant crime, in light of the mental appraisal by the Ministry of Justice, the background leading up to the instant crime, the means and method of committing the instant crime, the process of committing the instant crime, and the Defendant’s behavior before and after the instant crime, it is not deemed that the Defendant did not have or lacks the ability to discern things at the time of committing the instant crime, and thus, the above assertion by the Defendant is rejected.

3. The lower court’s judgment as to both of the alleged unfair sentencing of the Defendant was determined within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and there are no circumstances to be newly considered in the first instance court. Therefore, even considering the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or unreasonable.

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