Defendant

All A and prosecutor appeals are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s punishment (a 10-month imprisonment, a fine of 100,000 won) is too unreasonable.

(b) The prosecutor’s sentence (Defendant A: 10 months of imprisonment; 100,00 won of fine; 2 years of probation, observation of protection, community service, 160 hours; 6 months of probation, 2 years of probation, observation of protection, community service, 120 hours of probation, 120 hours of probation, 4 months of probation, 2 years of probation, 2 years of probation, 30 hours of probation, 30 hours of probation, 80 hours of community service); and

2. The lower court, as stated in its reasoning, seems to have sentenced the Defendants to each punishment as stated in the lower judgment by comprehensively taking into account the unfavorable circumstances and favorable circumstances against the Defendants.

When comprehensively taking into account the conditions for sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

There is no other circumstance to find out that it is deemed unfair to maintain the judgment of the court below as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the circumstances leading to the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, environment, etc., the sentence of the court below is appropriate, and the Defendant A and the prosecutor’s assertion are too heavy or unjustifiable, and thus, are without merit.

3. As such, the appeal by the defendant A 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.