Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (Defendant A: fine of 5 million won; completion of 40 hours of a child abuse treatment program; Defendant B; imprisonment of 6 months; suspended execution of 2 years; and child abuse treatment program 40 hours) is too unfasible and unfair.

B. The sentence imposed by the lower court against Defendant A is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court’s failure to submit new sentencing data at the trial, and the circumstances in which the prosecutor or the Defendant alleged for unfair reasons for sentencing are already reflected in the sentencing grounds of the lower court’s sentencing. The crime of this case is deemed to have been committed by the Defendants against the victim, who is the 16-year child, under the name of the victim, on the ground of the method and content of the crime. Meanwhile, the crime of this case is deemed not to have been somewhat weak in light of the method and content of the crime, etc., on the other hand, although the victimized child did not want to have any physical or mental symptoms after the crime of this case, it is difficult to view the Defendants’ punishment too much less than the Defendants’ initial criminal discretion or the extent of sentencing.

Therefore, the prosecutor and the defendant A's assertion are without merit.

3. In conclusion, prosecutor's appeal is filed against the Defendants.