All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant alleged that he was guilty of the facts indicated in the instant facts charged by using her sparing the victim, and committing an indecent act by using her hand.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2) Since the Defendant, having weak ability to discern things or make decisions, committed the instant crime under the lack of capacity to discern things, the sentence should be mitigated pursuant to Article 10 of the Criminal Act.

3) Even if the instant facts charged are found guilty, in light of the fact that the Defendant committed the instant crime by drinking alcohol and committed a contingent crime, and that the Defendant is chilling in depth, the sentence (six months of imprisonment) sentenced by the lower court is too unreasonable.

B. In light of the fact that the victim seems to have suffered serious sexual humiliation due to the instant crime by the prosecutor, and that the Defendant had the same power, the punishment sentenced by the lower court (six months of imprisonment) is too uneasible and unreasonable.

2. Determination

A. In addition, according to the evidence duly adopted and examined by the court below, the defendant recognized the facts charged in this case at the court below, and sufficiently recognized the facts that the defendant saw the victim as stated in the facts charged in this case and taken the chest by hand, and committed an indecent act.

The defendant's assertion of facts is without merit.

B. In light of the background leading up to the Defendant’s committing the instant crime, the means and method of committing the instant crime, etc., it is not determined that the Defendant did not have a weak ability to discern things or make decisions at the time of preventing the instant crime.

The defendant's mental and physical weak argument is without merit.

(c)

The defendant and the prosecutor's argument that the sentencing is unfair.