All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (the imprisonment for eight months, the suspension of execution for two years, the community service order 160 hours, and the order to attend a lecture for the prevention of recidivism against child abuse) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. We also examine the defendant and prosecutor's argument of unfair sentencing on each of the grounds of unfair sentencing.

If 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The following are the circumstances favorable to the Defendant: (a) the Defendant misleads the Defendant; (b) the Defendant’s child who is a minor to support the Defendant; (c) the degree of abuse against the victimized child is relatively heavy; and (d) the Defendant is the primary offender who has no record of criminal punishment for the previous offense.

On the other hand, the defendant committed emotional abuse that harms the mental health and development of the victim by means of cleaning a child victim's face, etc., and the fact that the defendant did not receive a letter from the victim until the trial is trial is disadvantageous to the defendant.

In full view of the above circumstances favorable or unfavorable to the Defendant, and the Defendant’s age, character, conduct, environment, family relationship, circumstances after the crime, and the circumstances after the judgment of the court below, etc., all of the sentencing conditions, including where there is no change in the lower court’s punishment, such as the Defendant’s age, character, environment, family relationship, and circumstances after the crime, etc.

On the other hand, since the community service order can be implemented through weekends or holidays in consultation with the competent probation office, it is also impossible to implement the community service order to the extent that it does not interfere with the livelihood.