A. It is unreasonable to punish the Defendant only when he was sealed with the Defendant’s arms, and there was no head, and the victim first induced a retaliation, and only the Defendant was punished.

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

2. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on August 18, 2016, and received notice of receipt of the records of trial from the lower court on September 8, 2016, and submitted a statement of reason for appeal to November 14, 2016, which is the 20-day period for submitting the statement of reason for appeal prescribed in Article 361-3(1) of the Criminal Procedure Act, and submitted the statement of reason for appeal to the lower court on November 14, 2016, without stating the reason for appeal, and even after examining the records, there is no reason for ex officio investigation. Thus, the Defendant’s appeal is accompanied by the law.

3. The Prosecutor’s appeal by the Defendant, even though having been punished several times for the same kind of crime, does not mean that the Defendant committed each of the crimes of this case. However, the Defendant recognized the facts of each of the crimes of this case as a substitute, and the injury suffered by the victim is relatively minor.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all the circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, as seen in the instant records and arguments, the lower court’s punishment is only within the scope of reasonable discretion, and is not recognized as unfair because it is too uneasible.

4. In conclusion, the defendant's appeal is unlawful and thus, it is dismissed in accordance with Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. The prosecutor's appeal is without merit. Thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.