All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although Defendant was in a state of mental and physical weakness at the time of committing the instant crime, the lower court did not recognize Defendant’s mental and physical weakness based on the Defendant’s legal statement attitude, not at the time of committing the instant crime. In so doing, the lower court did not err by misapprehending

In addition, the sentence imposed by the court below is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the Defendant appears to have been in a state that he did not have the ability to discern things or make decisions at the time of committing the instant crime in light of the situation at the time of committing the instant crime, the Defendant’s speech and behavior, and the method of committing the instant crime, etc., which was acknowledged by the victim’s investigative agency by means of a statement.

It does not appear.

We do not accept the Defendant’s assertion of law.

B. After the judgment of the court below, the Defendant deposited KRW 10 million for the victim. However, the victim still complained of the suffering and uneasiness caused by the instant crime, and sought a strict punishment against the Defendant.

In addition, considering the conditions of sentencing as indicated in the records and arguments of this case and the reasons for sentencing of the lower judgment, even if considering all the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, it cannot be deemed unfair because the lower court’s punishment is heavy or unhued.

The defendant and the prosecutor's argument of sentencing is not accepted.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the defendant and the prosecutor are dismissed. It is so decided as per Disposition.