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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (six months of imprisonment, two years of suspended sentence, 40 hours of lecture for treatment of sexual assault, 80 hours of community service) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The circumstances favorable to the defendant include the fact that the judgment of the crime is recognized, the fact that there is no record of criminal punishment, the fact that the victim deposited KRW 5 million for the victim, etc.
On the other hand, the crime of this case is an indecent act committed by the defendant repeatedly committed by the victim under his business supervision, and the nature of the crime is not good, and it seems that the victim would have suffered sexual humiliation, and that there was no agreement with the victim, etc., are disadvantageous to the defendant.
In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, and the circumstances after the commission of the crime, it does not seem that the sentence imposed by the lower court is too heavy or unreasonable.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.