All appeals by the defendant and the prosecutor are dismissed.

The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

The circumstances favorable to the defendant include: (a) the Defendant had no record of sex offense and no record of the crime other than fines twice; (b) the Defendant committed the instant crime with weak mental and physical disorder due to intellectual disability and mental illness; (c) the Defendant committed the instant crime with weak mental and physical disorder; and (d) the confession of the instant crime and reflects his mistake.

On the other hand, the crime of this case is committed by the defendant who has induced a victim who is a juvenile with a disability to commit rape at his own house, and the responsibility for such crime is very heavy, and the victim seems to have suffered a considerable mental or physical suffering. Nevertheless, the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.

In addition, the sentencing guidelines are not applicable inasmuch as the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime were committed.

In full view of the above, it is not determined that the sentence imposed by the court below on the defendant is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

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