Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal (Defendant) was in a state of mental and physical loss or mental weakness due to intellectual disability at the time of committing the instant crime.

(A) The exemption from disclosure and notification order is unjust.

(Defendant and Prosecutor) The sentence of the lower court (a prison term of four years, and order to complete a sexual assault treatment program of 80 hours) is too heavy or unreasonable.

2. According to the evidence duly adopted and examined by the court below, the defendant is deemed to have intellectual disability, but in light of various circumstances such as the background and method of the crime acknowledged by the above evidence, and the defendant's behavior before and after the crime of this case, the defendant did not have or lacks ability to move things due to intellectual disability at the time of the crime of this case.

The decision is judged.

On the grounds indicated in its reasoning, the lower court exempted the Defendant from an order to disclose or notify personal information, and exempted the Defendant from an order to disclose or notify such information. In light of relevant evidence, pleading, legal doctrine, etc., the lower court’s aforementioned determination is justifiable and did not err by misapprehending the legal doctrine, such as misconception of facts and misapprehension of the legal doctrine.

Comprehensively taking into account the factors and guidelines for sentencing revealed in the course of the sentencing review of the lower court, the lower court’s judgment that comprehensively considered the adverse nature of the instant crime, the victim’s sexual humiliation and mental suffering, the victim’s punishment unfashion, the recovery of certain damaged goods, the degree of the Defendant’s disability, reflectivity, criminal history, and sentencing guidelines exceeded the reasonable bounds of its discretion.

No assessment may be conducted.

In addition, there is no or insufficient circumstance or data to see that it is unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the political party.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed (Article 364(4) of the Criminal Procedure Act).