All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. Although it is difficult to recognize that the defendant was in a state of mental disability at the time of the crime of prosecutor (1) misunderstanding of facts and misunderstanding of legal principles, the lower court recognized that the defendant was in a state of mental disability and mitigated by law, and thus, there is an error of mistake

(2) The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment and fine of two thousand won) is too uneased and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, including a written appraisal of the prosecutor’s assertion of mistake of facts and misapprehension of the legal doctrine, the Defendant, as a patient with an editing type, can be recognized as having weak ability to discern things or make decisions due to mental or physical disorder at the time of the instant crime.

Therefore, in determining punishment against the defendant, the judgment of the court below that has undergone legal mitigation due to mental disorder is correct.

The prosecutor's assertion is without merit.

B. At the time of the instant crime, at the time of determining the allegation of unfair sentencing by the prosecutor and the defendant, the defendant had weak ability to discern things or make decisions due to mental or physical disorder caused by the injury or illness, and the fact that the family of the defendant is giving medical treatment to the defendant in the future is favorable to the defendant.

On the other hand, the following is disadvantageous.

The Defendant was sentenced to one year of imprisonment for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and three years of order to attach an electronic device, and the Defendant was issued a summary order of KRW 1 million for the crime of impairing the utility of the electronic device since one month has not passed since he/she was released from prison due to the completion of imprisonment with prison labor. However, the Defendant committed the instant crime of repeating the same act over several times during the repeated crime period.