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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 (two years of suspended execution, two years of protection observation, one hundred and twenty hours of community service order, and forty hours of lecture for sexual assault treatment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The instant crime committed is an unfavorable circumstance, where the Defendant notified by the victim of the instant crime, committed an indecent act by force against the victim by finding the victim, threatening the victim, and booms a telephone with a content that arouses fear or apprehension, or left a text message, and thus, the nature of the crime is not very good in light of the details and method of the crime. The Defendant did not agree with the victim up to the trial. Rather, the victim was punished against the Defendant.
On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, and the defendant has no record of being sentenced to punishment exceeding the same criminal record or fine.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy, and thus, the Defendant and the Prosecutor’s assertion are 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.