A. The sentence imposed by the lower court (eight months of imprisonment, forty hours of order) is too unreasonable.

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

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). As to each of the Defendant and prosecutor’s assertion of unfair sentencing, the Defendant did not pay a considerable amount of damages up to the present day, and the Defendant paid a total amount of KRW 9,898,60 out of KRW 39,03,863.

Although there are circumstances unfavorable to the defendant, such as the failure to pay additional damages up to the trial, the degree of indecent act committed by indecent act by indecent act in this case is not somewhat weak, and the defendant was unable to reach agreement with the victim of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion, the defendant is recognized as all the facts charged in this case, and the majority of fines 10 times of suspended execution and fines are due to occupational injury or violation of the Road Act.

In full view of the fact that there is a history of criminal punishment on several occasions, but there is no history of punishment for sex crimes, and other conditions of sentencing as shown in the records and arguments such as character, conduct, environment, etc. of the defendant, the sentence imposed by the court below is reasonable, and the defendant and the prosecutor's assertion are without merit.

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