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 sentence of the lower court’s unfair sentencing (an amount of KRW 6 million) is excessively unreasonable.

B. The lower court’s sentence is unreasonable as it is too unhued.

2. Determination

A. According to the evidence duly adopted and examined by this court, the defendant is found to have drinking alcohol at the time, but in light of the content of the crime, the defendant's act before and after the crime, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's mental and physical weakness allegation is without merit.

B. The fact that the defendant recognized his offense and against himself, the defendant does not want the punishment of the defendant by agreement with the victim, and the defendant does not want to find again the victim.

It is favorable to the defendant.

On the other hand, the crime of this case is not likely to obstruct bar business by finding the victim again without being sentenced to a suspended sentence due to the indecent act committed by the defendant by force of the victim during the suspended sentence period.

In addition, taking into account the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.