Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The following facts are that the Defendant recognized the instant crime and recognized his mistake, and on December 14, 2015, the Defendant paid one million won to the victim and agreed with the victim, and the degree of injury caused by the instant crime is not significant.

On the other hand, the defendant was sentenced to a suspended sentence for the same crime and committed the crime of this case during the suspended sentence (in addition, the defendant has a record of being sentenced to a summary order of 1.5 million won as the crime of injury during the suspended sentence) is disadvantageous to the defendant.

Considering the above circumstances and other circumstances, such as the defendant's age, sexual conduct, environment, relationship with the victim, and circumstances after the crime, the sentence of the court below is determined to be appropriate as a sentence within the scope of the discretion of the sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

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