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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) At the time of the instant crime, the Defendant was under the influence of alcohol at the time of the instant crime, thereby lacking the ability to discern things or make decisions. (2) The lower court’s sentence of unfair sentencing (ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below, the defendant's assertion of mental disability is deemed to have been in a state of drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the means and method of the crime of this case, and the circumstances after the crime, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.
B. Determination on the assertion of unfair sentencing (the defendant and the prosecutor) refers to the circumstances unfavorable to the defendant, such as: (a) the defendant has been punished several times for the same kind of crime; (b) the defendant committed the crime of this case during the repeated crime period for the same kind of crime; and (c) the defendant did not agree with the victim; (b) however, the defendant led to the confession of the crime of this case; (c) the defendant appears to have committed the crime in the state of drinking; (d) the amount of damage is relatively small and has been returned; and (e) other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the defendant’s age, character and conduct, environment, and the content of the crime of this case, etc., the sentence imposed by the court below is judged to be appropriate; and
3. Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.