A. Defendant 1) The Defendant with mental and physical weakness was under the influence of alcohol at the time of committing the instant crime.

2) The sentencing of the lower court’s unfair sentencing (2 million won in punishment, and 40 hours in completion of sexual assault treatment programs) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. In light of the overall circumstances, such as the contents and circumstances of the instant crime committed based on the evidence investigated by the lower court regarding the Defendant’s assertion of mental and physical weakness, it is recognized that the Defendant was in a state of drinking at the time, but accordingly, the Defendant was in a state of lacking the ability to discern things or make decisions.

shall not be deemed to exist.

B. The Defendant did not want to punish the injured party upon agreement with the injured party regarding the unfair argument of sentencing by the Defendant and the prosecutor.

On the other hand, the crime of this case was committed by the defendant at the drinking house by her her mm or her m or her m or her m or her m or her m or her k'

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.