All appeals filed by prosecutors and defendants are dismissed.

Summary of Grounds for Appeal

both the prosecutor and the defendant appealed on the ground that the sentencing of a fine (three million won) of the lower judgment is unreasonable.

Judgment

The grounds for appeal by prosecutors and defendants shall also be deemed to exist.

Considering the fact that the Defendant had several records of punishment for violent crimes and sex crimes, and committed the instant crime on the day on which the term of punishment for attempted indecent acts expires, and that the nature of such crime is not somewhat weak, such as destroying pipes at a detention room of the police station, etc., the Defendant shall be subject to strict punishment.

However, the circumstances favorable to the Defendant are as follows: (a) the Defendant led to the instant crime; (b) was detained for 40 days due to the instant crime prior to the rendering of a judgment in the lower court; and (c) the public performance and obscenity crime in this case appears to have been a contingent crime that occurred during drinking with scam; and (d) the damage from damage to public goods in this case was not significant.

In full view of the above circumstances and the various sentencing conditions appearing in the records and arguments of this case, it cannot be deemed that the lower court’s sentence against the Defendant exceeded the reasonable bounds in the sentencing decision, or was too harsh.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the prosecutor and the defendant are without merit.