All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In view of the fact that the Defendant was committed in the instant case at a late time by the Defendant, and his mistake was divided in depth, and the degree of indecent act is not much serious, and the Defendant committed an assault from the victim’s family due to the instant case, it is unreasonable that the lower court’s punishment (including fine of KRW 5 million, order to complete a program, and order to restrict employment) is too unreasonable.

Defendant

In addition, his defense counsel explicitly withdraws the assertion of mistake of facts on the date of the first trial of the trial of the party, and later makes a statement to the effect that the sentencing is changed, taking into account the fact that the fact of crime is being delayed.

B. Taking account of the following: (a) the method of committing the instant crime by the prosecutor and the situation before and after the instant crime; and (b) the nature of the instant crime in light of the relationship between the Defendant and the victim; and (c) the Defendant committed the instant crime without being aware of the Defendant who was in the period of repeated crime due to the instant crime; and (d) the above sentence of the lower court is rather unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to 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 Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the court below sentenced the defendant to the above punishment on the grounds of the sentencing stated in its reasoning. The circumstances alleged by the defendant and the prosecutor appear to have been fully considered in the court below's determination of punishment, and there was no new sentencing data to change the sentence of the court below in the court below in addition to the fact that the defendant and the prosecutor had denied the crime of this case, and there was no submission of new sentencing data to change the sentence of the court below in the court below.