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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
When committing the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.
The sentence of unfair sentencing (six months of imprisonment and forty hours of completing a sexual assault treatment program) of the lower court is too unreasonable.
The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
Judgment
According to the records of the judgment on the defendant's claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime in this case, but in light of various circumstances, such as the process, method and method of the crime in this case, the defendant's speech and behavior before and after the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking, so the above argument by the
In full view of the following factors: (a) the Defendant’s mistake on the assertion of unfair sentencing by both parties is recognized; (b) the degree of indecent act by compulsion or injury is relatively minor; (c) the victim’s agreement is favorable; (d) the Defendant has been punished for the same kind of violent act including multiple punishment; (c) the Defendant is a criminal act during the period of repeated crime; and (d) the degree of interference with business is disadvantageously unfavorable; and (e) other factors of sentencing specified in the instant argument, including the background of the instant crime, the circumstances after the instant crime; (d) the Defendant’s age, character, conduct, and environment, etc., the lower court’s punishment is too heavy or unreasonable; and (e) the Defendant and the prosecutor’s assertion of unfair sentencing is
In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.