All appeals by the defendant and the prosecutor are dismissed.

The defendant's defense counsel, who misleads the defendant as to the summary of the grounds for appeal, explicitly withdraws his mental and physical loss and mental weakness from the first trial date.

On August 3, 2016, the Defendant attempted to insert the Defendant’s sexual organ into the victim’s resistance, but the Defendant was eventually unable to inserting.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

The sentence (10 months of imprisonment, 40 hours of order) sentenced by the court below against the defendant is too unreasonable.

In light of the psychological failure and misunderstanding of the legal principles on prosecutor's mental and physical weakness, the defendant's personality disorder cannot be deemed to fall under the original mental disease, and the defendant's behavior before and after the crime, etc., it is deemed that the defendant's personality disorder is difficult to be deemed to fall under the original mental disease within the original meaning, and thus, it is deemed that the defendant has weak mental capability or behavior control ability at the time of each crime of this case

shall not be deemed to exist.

Nevertheless, the defendant was physically and mentally weak at the time of committing each of the crimes in this case.

The judgment of the court below is erroneous in the misapprehension of legal principles as to mental and physical weakness, which affected the conclusion of the judgment.

The sentence sentenced by the court below against the defendant is too unfortunate and unfair.

Judgment

1) Determination as to the Defendant’s assertion of mistake of the facts

In determining the credibility of a confession, the contents of the confession are objectively reasonable, what is the motive or reason of the confession, what is the motive or reason of the confession, and what is the circumstance leading to the confession, and whether there is no conflict or contradiction with the confession among other evidence than the confession.