All appeals by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the defense counsel recognized a mistake and against the defendant, and that the victim expressed his/her intention that he/she would not want the punishment for the defendant after receiving the compensation for damages, etc., the sentence of the court below that sentenced the order to complete the sexual assault treatment program for 4 months and 40 hours is too unreasonable.

B. In light of the fact that the prosecutor Defendant committed the instant crime during the period of probation and that there was a history of criminal punishment for the same kind of crime, the lower court’s sentence is too uneasible and unreasonable.

2. The crime of this case is not likely to be committed because the defendant purchased two tobacco from a person who is an employee of Maart to purchase two tobacco in his/her own hand by using the cresh in which the victim is calculated, and the victim's left chest is only one time and the victim's left chest is forced to commit an indecent act on one occasion. The defendant was issued a summary order of KRW 2 million on September 27, 2013 with the defendant's forced indecent act in Suwon District Court Sejong District Court's House on September 27, 2013, and there are many records of criminal punishment for the same kind of crime, including the defendant's receipt of a summary order of KRW 2 million due to the same act of indecent act. Since the defendant was sentenced to a suspended sentence of six months on November 18, 2016 due to interference with public duty performance, and the above judgment becomes final and conclusive on November 26, 2016, and the defendant's motive and condition of the crime of this case are too excessively against the defendant's punishment, and the defendant's punishment.