The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

Under the judgment on the reasons for appeal, the defendant and the prosecutor's improper arguments are also examined.

Considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and agreed smoothly with the victim and the fact that the defendant had been punished several times for the same kind of crime, etc., as well as other circumstances that include the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed unfair because it is too heavy or unfasible, and thus, the defendant and the prosecutor's argument of sentencing are without merit.

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