The appeal by the defendant and the prosecutor shall be dismissed.

1. In a case where there is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing by both parties, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court has no particular change in the conditions of sentencing compared to the lower court, as the new sentencing data has not

In addition, in light of the contents of the crime committed by the defendant, the circumstances unfavorable to the defendant, such as the fact that the nature of the crime is not less severe, and the victim was punished for the same kind of crime, and that the defendant was punished for the same crime, are contrary to the mistake by recognizing the crime. In this case, the court below’s punishment exceeded the reasonable scope of discretion, comprehensively taking into account the circumstances favorable to the defendant, including the fact that the degree of exercise of tangible power or the degree of indecent act is not serious due to contingent crimes, and the sentencing conditions specified in

shall not be deemed to exist.

We do not accept the argument of the defendant and the prosecutor that the court below's sentencing is unfair.

2. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed for reasons.