A. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The circumstances are favorable to the fact that the judgment defendant recognized the crime of this case and reflects the fact that the defendant has no criminal record for the same kind of crime, and that the defendant is able to faithfully perform military service.

In light of the fact that the Defendant committed the instant crime without being aware of during the period during which the instant crime was suspended due to the crime committed, and that there is a need to strictly punish the Defendant in consideration of the equity with other soldiers in military service who are faithfully performing military service.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive and method of the instant crime, and circumstances after the instant crime, etc., and the sentencing conditions as shown in the pleadings, it does not seem that the sentence imposed by the lower court is too heavy or unreasonable.

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