All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

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

2. The crime of this case is found to have committed an indecent act against the victim, following the discovery of the victim in which the defendant was able to walk along the body of his/her human body at the night. The crime of this case is heavy in light of the method and content of the crime.

Although the Defendant appears to have caused considerable shock and sexual humiliation due to the instant crime, the Defendant was unable to receive a letter from the injured party, and did not take measures to recover particular damage.

Although the Defendant had been subject to a heavier punishment, which was sentenced to the suspended sentence of imprisonment in 2015 and 2016, the Defendant committed the instant crime whose place and method are similar to those of the instant crime during each grace period, and further, the Defendant may be subject to criticism, taking into account the fact that he was under trial without being detained as the same type of crime at the time of the instant crime.

On the other hand, the defendant recognized the crime, and reflects the mistake, and the degree of tangible force used by the victim at the time of the crime in this case is heavy.

The defendant has no record of punishment heavier than a fine, except for the above two suspended sentence.

The defendant has been divorced by the father and the father's parents, and grow up in the poor family environment, and it seems that it is difficult to live alone.

In addition to these circumstances, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, all the circumstances constituting the conditions for the sentencing specified in the instant records and arguments, including the circumstances after the commission of the crime, and the scope of the recommended sentence (one month to one year from the date of imprisonment) according to the sentencing guidelines established by the Supreme Court Sentencing Committee (the scope of recommended punishment) [the scope of recommended punishment] general standards for the crime of indecent act by force (the scope of 13 years or more)] mitigated (one month to one year from the date of general mitigation) (a special mitigation).