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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. We examine the reasoning of the judgment and the prosecutor together.
It is recognized that the defendant recognized all of the crimes of this case, there is no previous conviction, the defendant is a disabled person of Grade III with intellectual disability, the crime against the victim B was attempted, and the victim C recovered consciousness after one hour.
However, it is recognized that the crime of this case is not good and is highly dangerous, and that the victim C, six years of age, suffers injury, such as drug addiction, etc., due to the crime of this case.
In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.