Defendant

The punishment of the lower court (including a fine of three million won, and 40 hours after completion of a sexual assault treatment program) is too unreasonable.

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

Judgment

In light of the favorable circumstances that the Defendant recognized his mistake, or the fact that the Defendant was punished once by a fine due to the crime of obscenity in the same kind of performance, and that the Defendant did not agree with the victim until this court is disadvantageous. In full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.