All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. According to a prosecutor 1) misunderstanding of facts or misunderstanding of legal principles, despite the fact that the defendant could be found to have inflicted an injury by rapeing the victim as stated in the primary facts charged, the court below found the defendant not guilty of the above facts charged. 2) The sentence imposed by the court below of unfair sentencing (one year and six months of imprisonment, 80 hours of order to complete sexual assault treatment programs, and 3 years of order to disclose and notify the victim) is too unjustifiable.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. The gist of the facts charged is as follows: (a) the Defendant, without a certain occupation, is a person who has a habiter to live alone and enjoy obscene videos at the place of his/her residence; (b) was willing to rape the victim D (16 years old) who is a woman living together with his/her alleyway at the latest time of peace. The Defendant, around 00:0 on July 13, 2012, was waiting for the victim to walk his/her alleyway at his/her place of residence in Busan-gu Busan-gu, the Defendant, after approaching the victim’s back, failed to resist him/her by leaving his/her will, preventing him/her from being resisting; (c) the Defendant, who lost his/her mind, went out of the panty of the victim used in his/her place of residence; and (d) went out of the victim’s mind and tried to have his/her mind during his/her day-to-day treatment; and (d) the Defendant, who lost his/her mind and tried to commit rape at each of the victim.