All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1 (person with mental disability, mental disability) was under the influence of alcohol at the time of the instant crime, and the Defendant was in a state of lacking the ability to discern things or make decisions. 2) The sentence imposed by the lower court on the Defendant (two months of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the defendant's mental suffering claim, it is found that the defendant was in a state of drinking at the time of the crime in this case, but in light of all the circumstances such as the background and method leading to the crime in this case, the defendant's oral act and behavior at the time of being investigated by the investigation agency after the crime in this case, and the contents of the lawsuit in the court below, it is not deemed that the defendant had a state of weak ability to distinguish things at the time of the crime in this case

B. We also examine the Defendant and prosecutor’s assertion of unfair sentencing regarding the Defendant and prosecutor’s assertion of unfair sentencing.

The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects his mistake, and that equality should be considered with the case where the judgment is to be rendered simultaneously with the criminal records of the first head of the judgment of the court below.

On the other hand, the fact that the defendant committed an obscene act in front of many people, the fact that the defendant was sentenced once to a sentence due to a double crime, and one criminal punishment for a suspended sentence is disadvantageous to the defendant.

In addition to the above circumstances and the motive leading up to the instant crime, the circumstances after the commission of the crime, the age, character and conduct, family relation, environment, occupation, etc. of the Defendant, and the conditions of sentencing as shown in the pleadings, the lower court and the punishment are different.