All appeals by the defendant and the prosecutor are dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five months of imprisonment) is too heavy or (the Defendant) is too heavy.

2. Under our criminal litigation law, which takes the trial-oriented principle and the direct principle, there exists an area unique to the first instance judgment regarding sentencing, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances that are favorable to the Defendant, and also appears to have been reflected in the sentencing process of the lower court.

In full view of the following circumstances, considering the Defendant’s age, sexual conduct, environment, family relationship, health status, criminal history and contents thereof, attitude in an investigative agency and court, nature of a crime, the number of victims and the amount of damage, whether victims have recovered from damage, motive, means and consequence of a crime, and circumstances after a crime, etc., the court below’s punishment against the Defendant is too heavy or unreasonable because it goes beyond the reasonable scope of its discretion.

3. In conclusion, since each appeal of this case by the defendant and the prosecutor is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.