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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The gist of the grounds for appeal by the defendant and the prosecutor is that the defendant is unfair due to excessive neglect of the punishment of the court below (two years of suspended sentence of imprisonment for one year, two years of suspended sentence, and observation of protection). The prosecutor is rather unfair because the above punishment is too unfasible.
2. In light of the relationship between the Defendant and the victim, the means and method of the crime, the degree and risk of injury, and the criminal records of the Defendant, etc., the lower court’s punishment is somewhat minor. However, in full view of the circumstances leading up to the crime and the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the crime, economic circumstances, etc., the lower court’s punishment does not seem to exceed the scope of discretion in sentencing.
3. Therefore, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.