All appeals by the defendant and the prosecutor are dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won in penalty, five million won in punishment, and order to complete a sexual assault treatment program for eight hours) is too heavy or uneased and unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case and reflects the wrongness, the court below agreed with the victim in the original trial, and the victim does not want punishment against the defendant, and the degree of the indecent act of this case is relatively more severe, and the defendant does not have any criminal record of the same sex crime, and the defendant is not in a state of health due to the symptoms before the court.

However, the crime of this case was committed by the Defendant’s head of the victim who tried to commit an indecent act and take out of the room in singing. In light of the circumstances and method of the crime, the crime was not committed; the Defendant denied the indecent act at the lower court and transferred the responsibility to the victim; and the Defendant was guilty of having committed the same violent crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, etc., there are no special changes in circumstances that make different from the lower court’s sentencing conditions, such as the records of this case as well as the circumstance after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is 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.