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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution for eight months of imprisonment, and forty hours of attendance order for sexual assault treatment lectures) is too heavy or unreasonable;
2. The judgment of the Defendant recognized the instant crime and reflects it, and the fact that the Defendant did not have any other criminal record, other than the fine, due to the instant crime, is favorable.
However, in light of the contents and methods, etc., the crime of this case is unfair, the circumstances after the crime are not good, and the victim was unable to agree with the victim, and the victim was strongly willing to punish the defendant.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.
Therefore, the defendant and the prosecutor's assertion are without merit.
3. In conclusion, the appeal filed 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.