All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) At the time of committing the instant crime, the Defendant was in a mental and physical state of drinking alcohol under the condition of taking the mental and physical weakness.

(2) The sentence of the lower court (an amount of KRW 5 million) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the background leading up to, and method of, the Defendant, recognized by the record as to the Defendant’s mental and physical weakness, and the circumstances after, the commission of the crime, etc., it is not deemed that the Defendant had the ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's mental and physical weak argument is without merit.

B. As to the wrongful argument of sentencing by the defendant and the prosecutor, the defendant committed the same kind of crime several times, and in particular, the crime of this case was committed before the expiration of two months after the period of suspension of execution due to the crime interfering with the duties of the same law begins. Therefore, strict punishment against the defendant is required.

However, the circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflects his depth, the fact that the defendant is receiving treatment due to alcohol dependence symptoms, etc., the crime of this case appears to have been committed contingently, and the victim does not want punishment.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

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