Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended execution in August, 200, forty hours of the lecture for the prevention of recidivism of child abuse, and 120 hours of the community service order) is too unreasonable.

B. The prosecutor’s sentence of the lower court (two years of suspended sentence in August, 200, 40 hours of attending a lecture for the prevention of recidivism of child abuse, and 120 hours of community service order) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below imposed punishment in consideration of various sentencing reasons, such as the following: (a) the nature of the crime is inferior in light of the process and method of the crime; (b) the frequency of the crime is high; (c) the physical and mental suffering of the victimized child was high; (d) the victimized child was not agreed with the injured child; (c) the injured party was seeking severe punishment; (d) the injured party was chilling and reflecting the mistake; and (e) the primary offender who has no record of criminal punishment.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, 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.