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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (1.5 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination Domination, and the fact that the victim wanted to punish the defendant is disadvantageous to the defendant, and there is no record of criminal punishment against the defendant, and that the defendant seems to have been in a mental and physical weak condition at the time of committing the instant crime, etc. is favorable to the defendant.
In addition, there is no change in the sentencing conditions compared to the court below, and considering all the sentencing conditions as shown in the records and arguments of this case, such as the background of the crime of this case and the means of the crime and the circumstances after the crime, etc., the court below’s punishment is too heavy or it cannot be deemed unfair because it is too heavy. Thus, the above assertion by the defendant and the prosecutor is without
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.