A. The sentence of the lower court (the amount of KRW 5 million, the amount of KRW 40,000,000 and the amount of sexual assault treatment program completed at 40 hours) is too unreasonable.

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

2. The judgment is an unfavorable circumstance that the Defendant did not agree with the victim up to the trial of the party, and that the Defendant had been punished for obscenity as a crime of public performance.

On the other hand, the fact that the defendant led to the confession of the crime of this case and reflects his mistake, and that the defendant has no record of punishment in excess of the fine is favorable.

In addition, when comprehensively taking into account the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the instant case’s records and arguments, the lower court’s punishment is too heavy or is deemed unfair. Therefore, the aforementioned assertion by the Defendant and the Prosecutor is without merit.

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