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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too inappropriate.
B. The lower court’s sentencing is too uncomfortable.
2. Considering the fact that the defendant committed the instant crime again despite his previous conviction, and that the defendant did not agree with the victim until the trial is held, strict punishment against the defendant is necessary.
However, considering the fact that the defendant repents his mistake, the fact that the defendant's previous conviction was prior to several years, the vehicle operated by the defendant seems to have been covered by a comprehensive insurance, and that considerable damage is likely to be recovered due to the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or too unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.
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.