All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness due to drinking at the time of committing the crime as set forth in paragraph 2 of the judgment below.

2) The punishment sentenced by the lower court (one year of imprisonment, 40 hours’ order to complete sexual assault treatment programs, confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental disorder, it appears that the Defendant was drinking at the time of committing a crime as stipulated in paragraph (2) of the judgment of the court below. However, considering such circumstances, considering the background leading up to the instant crime, its means and method, the Defendant’s attitude before and after committing the instant crime, and the circumstances after committing the instant crime, it cannot be deemed that the Defendant was in a state where he lost or lacks the ability to discern things or make decisions at the time of committing the instant crime.

This part of the defendant's assertion is without merit.

B. Under our criminal litigation law, which takes the principle of court-oriented and direct determination of the unfair argument of sentencing by the defendant and the prosecutor, there exists a unique area for sentencing determination by the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In relation to the unfair argument of sentencing by the defendant and the prosecutor, it is also examined together with regard to the unfair argument of sentencing by the defendant and the prosecutor, and the defendant is recognized and against all of the crimes of this case, the defendant has been punished more than once, including imprisonment with prison labor and suspension of execution, etc., and the crime under paragraph (1) of this case committed during the period of repeated offense, and the victim wants to be punished, and other crimes committed by the defendant, including imprisonment with prison labor and suspension of execution.