All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant had a large number of alcohol and had weak mental and physical disorder.

B. On the other hand, the defendant asserts that the defendant's punishment (amounting to five million won, order to complete a program, or confiscation) of the court below is too unreasonable, while the prosecutor asserts that it is too unfasible and unfair.

2. According to the records on the assertion of mental and physical weakness, the defendant tried to gather cell phones above the upper side and take pictures of the victim. When the crime was discovered, the defendant escaped and deleted video images of the mobile phone, and was subject to investigation into the criminal scene with his awareness. In light of the method of crime by the defendant and the behavior seen immediately after the crime, etc., it is difficult to deem that the defendant was under the weak ability to discern things due to mental and physical disorder beyond being drunk at the time of committing the crime in this case, and thereby, it is difficult to deem that the defendant was under the weak state of ability to make decisions on the ability to discern things due to

Therefore, this part of the defendant's assertion is rejected.

3. The Defendant appears to have recognized and reflected a crime with respect to an unfair argument on sentencing.

The defendant agreed with the victim and there is no criminal history.

On the other hand, the defendant tried to photograph the victim using the toilet by putting a cell phone in a cresh that is on the part of a toilet, and there is no high quality of crime in light of the method and content of crime.

The defendant's crime seems to have caused a considerable sense of sexual humiliation, and it seems that the victim will be able to live with fear that he would be able to take pictures in other places.

In addition, considering the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the sentencing conditions specified in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.