All appeals filed by the defendant and prosecutor are dismissed.

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is too heavy or unreasonable;

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the type used for the instant crime was not strong; (c) the Defendant committed the instant crime was attempted; and (d) there was no criminal punishment for the Defendant before the instant crime was committed; and (c) the Defendant was relatively old and is not in good health.

However, the Defendant uses the state of the victim who was incapable of protecting himself due to mental disability as the subject of his sexual impulses. The Defendant’s symptoms, such as imposing heavy burden on the victim’s sexual impulses due to the mental impulse of the victim due to the instant case, and frightening the victim, is highly likely to be married, and the Defendant has not yet endeavored to recover from damage, etc., is disadvantageous to the Defendant.

Examining the above favorable or unfavorable circumstances, the Defendant’s age, character and conduct, environment, the background of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy or unreasonable.

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