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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (the 10-month imprisonment and the 40-hour sexual assault treatment program) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The Defendant, while making a confession to commit the instant crime, is favorable to the fact that he/she reflects his/her mistake.
On the other hand, the Defendant was sentenced to imprisonment with prison labor due to forced indecent acts, etc., and was committed without being aware of the punishment, and the commission of the instant crime is not good, and the Defendant was unable to reach an agreement with the victim until the trial of the party.
In addition, when comprehensively taking into account the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the instant case’s records and arguments, the lower court’s punishment is too heavy or is deemed unfair. Therefore, the aforementioned assertion by the Defendant and the Prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.