All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

A. Defendant 1) The instant crime of mental and physical disorder committed by Defendant 1 was committed under the state of mental and physical disorder by deceiving and committing the instant crime of unfair sentencing. 2) In light of the background leading up to the instant crime of unfair sentencing, the Defendant did not have the same criminal record as the Defendant, and the fact he is against the Defendant, the lower court’s imprisonment for eight months

B. In light of the fact that the prosecutor’s repeated crime is a crime during the period and the nature of the crime of this case, the lower court’s punishment is deemed unreasonable.

2. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, it may be recognized that the Defendant was under the influence of alcohol at the time of each of the instant crimes.

However, in light of the occurrence of each of the instant crimes, the means and methods of the crime, and the circumstances before and after the crime, it cannot be deemed that the Defendant had weak ability to discern things or make decisions due to the said cause at the time of each of the instant crimes.

Therefore, the defendant's above assertion is not accepted.

3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing by both parties, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is heavy or is frighted so far as it exceeds the reasonable scope of discretion.

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