All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts as to mental and physical weakness and misapprehending the legal principles, even though the Defendant was drunk at the time of committing the instant crime, and was in a state of mental and physical weakness, the lower court did not recognize the mitigation of mental and physical weakness. In so determining, the lower court erred by misapprehending the legal doctrine and misapprehending

2) The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

3) It is unreasonable for the lower court to issue an unfair employment restriction order for three years.

B. The lower court’s sentence that is too uneasible to the prosecutor (unlawful in sentencing) is unreasonable.

2. Determination

A. According to the record as to the Defendant’s assertion of mistake and misapprehension of legal principles on the Defendant’s mental and physical weakness, the fact that the Defendant was somewhat drunk at the time of committing the instant crime is recognized.

However, on December 22, 2019, immediately after the date of the instant case, the Defendant made a statement at an investigative agency of the victim’s convenience store, as well as at the end of the victim’s “(sexual relation)” at the time when the victim and the victim met;

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“In response to the question”

As can be seen in the light of the purport that “Isn't drink,” “Isn't drink,” and “Isn't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't

In addition, in light of the Defendant’s speech and behavior, method of crime, etc. at the time of the instant case, the degree of alcohol performed by the Defendant did not reach the degree of weak ability to discern things or make decisions.

The decision is judged.

Therefore, the court below's decision that did not reduce the defendant's physical and mental weakness does not err by misunderstanding the facts and misunderstanding the legal principles as asserted by the defendant.

This part of the defendant's assertion is without merit.

B. As to the unfair argument of sentencing by the Defendant and the Prosecutor, sentencing is rendered in comparison with the first instance trial.