All appeals by prosecutors are dismissed.

A. The sentence of the lower court (the penalty of KRW 10 million) is too unreasonable.

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

2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant shows an attitude against the recognition of the instant crime, and the victims do not want punishment against the Defendant.

However, it is recognized that the Defendant had been punished several times prior to the instant case, and in particular, the Defendant committed the instant crime, which is the same crime, during the period of suspension of execution, without being aware of the fact that he was sentenced to 6 months of imprisonment and 2 years of suspended execution due to a violation of the Punishment of Violences, etc. Act (Habitual Rape) around July 9, 2015.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and the trial process, the sentence imposed by the lower court is not deemed to be unfair because it exceeded, or is too heavy, or fluent.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.