Each appeal filed by the defendant and prosecutor shall be dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment, one year and six months of short term) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant raped a victim, who was a child or juvenile, who was a child or juvenile, and was 16 years old, who was sexual intercourse with a middle school motive ward.

The Defendant was unable to take advantage of the victim, and did not recover from the victim’s damage.

The defendant has no record of admission as a juvenile, and is against his gender.

In full view of the following circumstances as well as the Defendant’s age, character and conduct, family relation, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions, statutory punishment (a life imprisonment or imprisonment for not less than five years) and applicable sentences (a year and three or more years of imprisonment) as indicated in the instant argument, including the circumstances after the crime, etc., the sentence of the lower court is deemed to have exceeded the reasonable scope of discretion, or to be too heavy, or to be unreasonable.

Defendant

The prosecutor's assertion of unreasonable sentencing is without merit.

(3) The defendant and the prosecutor’s appeal are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals filed by the defendant and the prosecutor are without merit.