A. The sentence of the lower court (six months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The facts that the Defendant led to the confession of the instant crime and recognized his mistake are more favorable than once.

On the other hand, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on November 20, 2015, and the judgment became final and conclusive as of November 28, 2015, and committed the instant sexual crime without being aware of it during the suspended execution period, and did not recover from damage, and there is no special change in circumstances following the sentence of the lower judgment.

In addition, taking account of the following factors: Defendant’s age, sex, occupation and environment, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable as it is deemed that the Defendant’s punishment is too heavy, and thus, Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.