A. Defendant 1) The crime of this case committed by the Defendant with mental disorder was committed in a state of mental and physical loss or mental weakness by drinking alcohol.

2) The punishment of the lower judgment that was unfair in sentencing (one month of imprisonment and 80 hours of completing the sexual assault treatment program) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was found to have committed the instant crime while drinking, considering the background of the crime, the process of the crime, the Defendant’s behavior before and after the crime, etc., the Defendant’s ability to discern things or make decisions is not deemed to have been lost or weak.

The defendant's mental disorder is without merit.

3. We examine the determination on the unfair argument of sentencing by the defendant and the prosecutor, the fact that the defendant is against the defendant's wrong recognition and supports the defendant, there is a mother to support the defendant, the fact that the defendant is a single concurrent crime after Article 37 of the Criminal Act is more favorable, and the defendant has a criminal record of a sex crime such as being suspended for rape in 201 and being punished by a fine for obscenity in 2015, and the fact that the defendant is an offense during the period of repeated crime is disadvantageous.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

4. As such, the appeal 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.