A. The sentence of the lower court (4 months of imprisonment and 40 hours of completion of the sexual assault treatment program) is too unreasonable.

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

2. Determination: (a) the Defendant appears to have suffered considerable mental harm due to the instant crime; and (b) the Defendant had been punished three times for the same crime is disadvantageous to the Defendant; (c) all of the instant crimes are recognized by the Defendant; and (d) the agreement with the victim was reached, etc. are favorable to the Defendant.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is 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.