A. The sentence (15 million won in penalty, 40 hours in order to complete a program) imposed by the Defendant by the lower court is too unreasonable.

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

2. Circumstances unfavorable to the board - The Defendant committed an indecent act, such as taking a Taekwondo painting that he works as a criminal - The Defendant was a student of the Taekwondo painting who is a juvenile, taking a kis on the victim, and taking the chests.

In consideration of the degree of indecent conduct, the relationship between the defendant and the victim, etc., the quality of the crime shall not be minor.

- The defendant's crime of this case seems to have suffered mental and physical shock, including sexual humiliation.

favorable circumstances - The defendant recognized the crime of this case and reflects it.

- there is no history of criminal punishment against the defendant.

- Taking into account the above favorable circumstances, considering the fact that the defendant is relatively 20 years of age, there seems to be a possibility of improving the defendant through the proper edification of other methods than imprisonment.

In full view of the above circumstances and other factors such as the Defendant’s character and conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions shown in the pleadings, including the circumstances after the crime, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the sentence imposed by the lower court is too weak or unreasonable.

We do not accept the argument of the defendant and the prosecutor.

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