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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 punishment (the amount of KRW 5 million, the amount of KRW 40 million, and the completion of sexual assault treatment programs) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment of the court below is that the crime of this case was committed by the defendant intentionally approaching the breath victim under the influence of alcohol by committing an indecent act by force, entering the victim's house, etc. It is not good that the crime of this case is committed. If the victim's male-friendlyness did not exist at the victim's house, etc., the fact that the defendant was able to restrain a larger crime is disadvantageous to the defendant. The defendant is the first offender and all of the crimes of this case, and it is against the defendant's agreement with the victim.
In addition, considering the fact that there is no particular change in the sentencing conditions compared to the original judgment, and the overall sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment is too heavy or is deemed unfair as it is too low. Therefore, the above assertion 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.