A. The sentence of the lower court (six months of imprisonment, 40 hours of completion of sexual assault treatment programs) is too unreasonable.

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

2. A favorable circumstance is that the defendant's mistake and reflects his or her own mistake, and that the defendant does not have the same criminal record.

On the other hand, the crime of this case was committed by the defendant who was sentenced to imprisonment with prison labor and committed an indecent act by force against the same convicted prisoner without being aware of the punishment in prison, and thus, the nature of the crime is not good, and the degree of indecent act of this case is not easy, and the victim did not agree with the victim up to the trial. Rather, the victim is punished against the defendant.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too heavy or unreasonable, and thus, the aforementioned argument 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 in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.