All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with a mental disorder was in the state of mental disorder or mental disability under the influence of alcohol at the time of the instant crime, and thus, the sentence should be mitigated or exempted. 2) The sentence imposed by the lower court on the Defendant (five years of imprisonment and 80 hours of order to complete the program) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant is too uneasible and unfair. 2) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order, even though there are no special circumstances that may not disclose and notify the personal information of the Defendant in violation of the disclosure and notification order.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental disorder claim, the fact that the Defendant was under the influence of alcohol at the time of the instant crime is recognized.

However, in light of the following circumstances acknowledged by the above evidence: (a) the Defendant’s act of drinking and drinking alcohol at the time of the instant crime at an investigative agency; (b) the background leading up to the discovery of the victim in the public toilets in front of the E office located in Gyeong-gun, Southern-gun, the place where the instant crime was committed; (c) the circumstance leading up to the discovery of the victim; (d) the victim’s situation at the time of discovery; and (e) the details and method of the instant crime; (d) the Defendant’s act before and after the instant crime was committed; and (e) the Defendant’s statement attitude in the investigative agency, etc., it cannot be deemed that the Defendant lost or weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is under the influence of alcohol in the light column where the Defendant intrudes on female public toilets to commit self-defense and did not correct it.