All appeals by the defendant and the prosecutor are dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of five million won) is too heavy or too unhued (the Defendant).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

If there is no change in the conditions of sentencing compared to the first instance trial and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant’s recognition of the instant crime and reflects on the recognition of the instant crime, the first offender who has no record of criminal punishment by the Defendant, and the Defendant’s child is subject to unfair disposal from the school.

Considering the fact that the crime of this case was committed and there are circumstances to be considered in the background thereof, etc. are favorable to the defendant.

However, the circumstances are disadvantageous to the defendant, such as the fact that the honor of the victim was lost due to the instant crime and the victim was faced with considerable mental impulses to the extent that it is difficult to lead a normal life, and the fact that the damage was not recovered, etc.

The court below determined punishment in consideration of all the above circumstances, and there is no change in circumstances that may be newly considered in sentencing after the sentence of the court below.

In addition, considering the Defendant’s age, sex, environment, motive and background of the offense, the means and consequence of the offense, the circumstances after the commission of the offense, and the equity with the punishment imposed by the Defendant E (one million won) and all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, sex, and environment, and the means and consequence of the offense, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

All of the arguments that the sentencing of the defendant and the prosecutor are unfair are dismissed.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.