All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness by drinking while committing the instant crime.

2) The sentencing of the lower court’s unfair sentencing (2 million won in punishment, and 40 hours in sexual assault treatment programs) is too unreasonable.

B. The above sentencing of the prosecutor’s court below is too unfortunate and unfair.

2. Judgment on the grounds for appeal

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, it is recognized that the Defendant had drinking alcohol at the time of the instant crime, but, in light of the background leading up to the instant crime, the method and method of the crime, and the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions.

Therefore, the above argument by the defendant cannot be accepted.

B. Under the judgment on the unfair argument of sentencing, we also examine the unfair argument of sentencing between the defendant and the prosecutor.

There are unfavorable circumstances to the defendant, such as the defendant's failure to agree with the victim.

Meanwhile, in full view of the following circumstances: (a) the Defendant recognized the instant crime in the first instance court; (b) there is no record of criminal punishment for the same type of crime; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime; and (d) other various circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.