Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment with prison labor for three years, 40 hours of order to attend a lecture, and 80 hours of order to provide community service) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant has divided his mistake into depth and is expected to stop the alcoholic beverage which caused the instant case, the fact that the defendant appears to have committed each of the instant crimes by contingency while drinking alcohol, the fact that the indecent act by the defendant is relatively minor, the fact that the actual network of the victim who is his father is changing to an old age and thus, the crime of the instant bodily injury seems to have been committed. The victim E party agreed with the victim E is nothing more than once by a fine due to the violation of the Road Traffic Act, and the fact that the defendant has no criminal history except for the case where he has been punished once by a fine due to a violation of the Road Traffic Act.

On the other hand, the crime of this case is an unfavorable condition against the defendant for the following reasons: (a) the defendant's indecent act by compulsion of the victim, and the victim's attitude of living does not lead to the mind of mind; (b) the crime of this case is not good; (c) the victim seems to have suffered a considerable physical or mental pain due to the crime of this case; and (d) the fact that the victim did not have taken care of the victim from his or her father until his or her heart did not reach the mind of the defendant.

In full view of the above circumstances, the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime, and the sentencing guidelines of the Sentencing Committee (one year and six months to four years and three months), etc., the lower court’s punishment is too heavy or unreasonable.

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