A. The lower court’s punishment (five million won in penalty) is too unreasonable.

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

2. The crime of this case, while being in dispute with the victim, is very dangerous to the method of committing the crime, and might have caused serious consequences, committed the crime of this case without being during the period of repeated crime, and committed several times of punishment for the same crime against the defendant.

On the other hand, the following conditions are favorable.

The defendant is against his own crime.

As the defendant agrees smoothly with the victim, the injured person does not want the punishment of the defendant.

The result of the injury did not occur even though it did not occur.

There is no record that the defendant has been punished beyond the fine for the same crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are 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.