A. Defendant 1’s assertion 1) The Defendant suffered from a flat depression and adaptation disorder; the Defendant was suffering from a short-term suppression disorder that does not partially part his memory upon the withdrawal of alcohol; however, even before the instant case, the Defendant had a mental and physical state at the time of committing the crime by drinking much more alcohol than his own liquor. 2) The lower court’s sentence against the Defendant on unreasonable sentencing (one-year imprisonment, eight-hour sexual assault treatment program completion order, disclosure of information, and notification each of ten years), too unreasonable.

B. The Prosecutor’s assertion that the sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was diagnosed as requiring medical treatment from Qa Hospital on November 5, 2012, which was the previous stage of the instant case, due to climate disorder and adaptation disorder, and even before the instant crime, the defendant was acknowledged as having a considerable amount of drinking alcohol.

However, in full view of the following facts: (a) the victim immediately before committing the instant crime committed the instant crime: (b) attempted a buphone to request the owner to repair the boiler; (c) the Defendant’s buphone was defective; (d) the Defendant entered the victim’s residence by taking advantage of such circumstances to “to repair the boiler”; and (e) it appears that the method of the instant crime was considerably imminent and planned, such as the victim’s rape after entering the victim’s residence; and (e) the circumstances leading up to the instant crime and the Defendant’s behavior before and after the instant crime; and (e) the Defendant did not have the ability to discern things or make decisions by drinking alcohol at the time of the instant crime.

Therefore, the defendant's above assertion cannot be accepted, since it cannot be seen as having reached a state of or weakness.

C. As to the assertion on unfair sentencing, the Defendant was sentenced to ten years of imprisonment with prison labor for young age.