Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal: The punishment of the lower court (two years and six months of imprisonment, three years of suspended execution, and forty hours of lecture for the treatment of sexual assault) is too unreasonable.

Prosecutor: The lower court’s sentence is so unfluent that it is unfair, and the Defendant was also exempted from the disclosure and notification order.

2. The lower court’s sentencing judgment that deemed the primary sentencing factor in terms of the degree and frequency of the instant indecent act, the victim’s penalty in favor of the Defendant, and the reflectivity of the Defendant, etc. in full view of the matters and sentencing guidelines revealed in the course of the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion.

It cannot be assessed, and there is no or a lack of circumstances or materials to see that it is unfair to maintain the sentencing of the original court in the course of the deliberation of the original trial, so the argument that the sentencing of the defendant and the prosecutor is unfair is not accepted.

In addition, the court below exempted the defendant from the order of disclosure and notification after recognizing a special circumstance that may not disclose or notify personal information on the grounds stated in its reasoning. In light of relevant evidence, pleading, legal doctrine, etc., the above judgment of the court below is just and there is no error such as misconception of facts, misunderstanding of legal principles, etc.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed (Article 364(4) of the Criminal Procedure Act).