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 court’s unfair sentencing (one year of suspended sentence in April and 40 hours of lectures for sexual assault treatment) 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 judgment on the unfair argument of sentencing by the defendant and the prosecutor; the defendant reflects the defendant's wrong recognition of his fault; the defendant has no previous convictions or suspended executions; the defendant has been punished several times; the defendant has committed the crime of this case against female infants while drinking in the restaurant; the crime of this case is not good; and the fact that it is not agreed with the victim is unfavorable.

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.