All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) Defendant (1) had weak intent or ability to discern things under the influence of alcohol at the time of committing an indecent act by force on September 5, 2015.

(2) The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million, and an order to complete a sexual assault treatment program of KRW 40 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the Defendant’s mental and physical weakness, the lower court is deemed to have committed an indecent act by the Defendant on September 5, 2015 while drinking alcohol. However, in light of the circumstances leading to the instant crime, the method and method of the crime, the Defendant’s behavior before and after the instant crime, and the circumstances after the instant crime, etc., the Defendant was under the influence of alcohol, and thus, was in a state of lacking the ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

B. The Defendant and the Prosecutor did not recover damage to the victim regarding the wrongful argument of sentencing. The Defendant committed each of the instant crimes on two occasions, and the Defendant’s crime of coercion on September 5, 2015 is not good.

On the other hand, it is advantageous to the fact that the defendant reflects his mistake, that the degree of indecent act committed by force in early November 2014 was not serious, that the defendant did not have the same criminal record, that the defendant did not have the same criminal record, and that his family and the son want to take the preference against the defendant, including the omission of the victim, etc.

In addition, the lower court also determined a punishment in consideration of such circumstances, and there is no new change in circumstances to be considered in the sentencing after the sentence of the lower judgment, and comprehensively taking account of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment is too heavy or unfasible.