All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

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

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The instant crime was committed on the new wall that the Defendant committed with the intent of committing an indecent act against the victim, and it did not reach an indecent act, and thus, was committed in an attempted crime. As such, the Defendant committed physical harm to the victim during the course of committing the crime, and the exercise of its tangible power is considerably heavy.

The victim is suffering from serious mental suffering after the case.

However, there is no record of criminal punishment except for juvenile protective disposition by larceny, etc. in 2012.

All of the above circumstances appear to have been reflected in the sentencing of the lower court, and there is no change in the conditions of sentencing compared to the lower court because new sentencing materials have not been submitted in the trial.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., the sentencing of the lower court cannot be deemed as being too heavy or unreasonable beyond the reasonable scope of discretion, as it is so unreasonable.

B. Article 59-3(1) of the Act on Welfare of Persons with Disabilities, which uniformly provides for employment restrictions on welfare facilities for persons with disabilities for ten years for children, juveniles, or persons sentenced to punishment for sex offenses subject to restriction on employment under the Act on Welfare of Persons with Disabilities, and Article 59-3(1) of the Act on Welfare of Persons with Disabilities.