All appeals by the defendant and the prosecutor are dismissed.

Summary of Reasons for appeal

A. The sentence of the lower court (the penalty of KRW 7 million, etc.) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Each of the instant crimes committed by the Defendant is an unfavorable circumstance to the Defendant, where each of the instant crimes was committed against the victim (the victim (the victim is 13 years old) who was under the age of visiting a juvenile cultural space where the Defendant had been working, by force twice, and the nature of the crime is not good. The victim appears to have received a considerable amount of fear and mental impulse due to each of the instant crimes, and the Defendant did not receive a letter from the victim until this Court.

On the other hand, the confession and reflect of each of the crimes in this case, the defendant's tangible power and the degree of indecent act committed by the victim is relatively minor, and the defendant is the first offender who has no criminal record, as well as the same criminal record, and the relationship between neighboring people and social ties is clear, and the defendant is wanting to have the preference of the defendant, etc. are relatively favorable to the defendant.

In addition, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of other circumstances that are the conditions of sentencing, such as the Defendants’ age, sex, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, it is not deemed that the sentence imposed by the lower court is too heavy or unhued and it goes beyond the reasonable scope of discretion.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.